By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
In recent years, I have seen a surge in cases where a consensual relationship ends, and the male partner is suddenly accused of rape under the pretext of a “False Promise of Marriage.”
Under the new Bharatiya Nyaya Sanhita (BNS), this offense is now covered under Section 69, which specifically criminalizes sexual intercourse by “employing deceitful means.”
But here is what you need to know: Every broken promise is not a false promise.
The Vital Distinction: Breach vs. False Promise
The Supreme Court of India has established a clear “Acid Test” for these cases. As your defense counsel, my primary strategy is to prove:
1. Breach of Promise (Not a Crime)
If you genuinely intended to marry her when the relationship started, but later could not due to unforeseen circumstances (family opposition, caste issues, incompatibility), it is a “Breach of Promise.” This is a civil wrong, not a criminal offense.
2. False Promise (Crime)
The prosecution must prove that you had no intention of marrying her from the very first day, and you only made the promise to obtain her consent for sex. This is “Deceit.”
How I Build Your Defense
When you come to my office with such a case, we focus on evidence that proves the relationship was consensual and long-term:
- Timeline of Relationship: A relationship lasting months or years usually indicates consent, not deceit.
- Digital Evidence: WhatsApp chats, photos, and emails showing mutual affection, travel, and shared future plans.
- Reason for Breakup: Proving that the breakup happened due to a specific valid reason (e.g., a fight, discovery of infidelity, or genuine family pressure), not because you “used” her.
Immediate Legal Steps to Take
- Do Not Delete Evidence: Your phone is your biggest defense. Archive all chats.
- Apply for Anticipatory Bail: In Section 69 BNS cases, arrest is common. We move the Sessions Court or High Court immediately for pre-arrest bail.
- Quashing Petition: If the FIR is clearly an abuse of law (e.g., filed 2 years after the breakup), we can approach the High Court to quash it.
Do not let a failed relationship label you a criminal.
Contact me for a confidential consultation.
Legal Assistance
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
📍 Chamber: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Call/WhatsApp: +91-8766252309
🌐 Website: advajaysinghmalik.com