A false promise to marry can be emotionally devastating for the person on the receiving end, but in legal terms, it may also involve serious consequences. In India, the issue of a false promise to marry is not just a matter of personal grievance but can also lead to criminal and civil legal actions. One of the landmark cases that shed light on the legal perspective of this issue is IPC v. BNS, which deals with the distinction between criminal liability and the false promise to marry.
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What is a False Promise to marry?
A false promise to marry occurs when one party (usually the man under the eyes of law) convinces the other (usually the woman) to believe that they will marry, only to later back out of the commitment without intending to marry. This promise often results in a range of emotional and psychological harm to the person who believed the promise, especially when it leads to emotional distress or reputational harm.
The false promise to marry can lead to confusion about the boundaries between what constitutes a sincere commitment versus a manipulative scheme. When a person is misled into believing a marriage will take place, they may make life choices (such as relocating, sacrificing career opportunities, or engaging in sexual relations) based on the belief that the promise will be honored. When the promise is broken, it can result in emotional and social harm, and legal consequences may arise.
Legal Provisions for False Promise to Marry
Under Indian law, the consequences of a false promise to marry can be examined both from criminal and civil perspectives. The relevant provisions under the Indian Penal Code (IPC) and the Indian Contract Act, 1872 are crucial to understanding the potential legal actions that can arise in such situations.
Indian Penal Code and Bharatiya Nyay Sanhita
IPC Section 420 and BNS Section 318 defines Cheating as deceiving someone with the intent to cause harm or gain a wrongful benefit. If a person makes a false promise to marry and exploits the other person emotionally, sexually, or financially, it may fall under the definition of cheating. A promise made with no intention of keeping it is deceptive, and if harm results (such as emotional distress or reputational damage), the accused may be liable for cheating under the said sections.
Example: A man promises to marry a woman but, after engaging in sexual relations, refuses to marry her, leaving her in emotional distress. This can be classified as cheating under IPC if it is proven that the promise was made with no intention of fulfillment.
IPC Section 375 and BNS Section 63 defines rape as a sexual act carried out with the lack of consent. In situations where sexual intercourse occurs based on the false promise of marriage, it can be argued that consent was obtained through fraud or misrepresentation, and in such cases, it may amount to rape.
Example: If a woman consents to sexual activity with the understanding that marriage is promised, and the man later backs out, it could be viewed as rape because her consent was induced by fraud.
Section 69 BNS of the Bharatiya Nyaya Sanhita (BNS) of 2023 criminalizes sexual intercourse that takes place under false pretenses. This includes sexual intercourse that occurs after a false promise of marriage or other deceitful means. This section evidently punishes men who promise to marry women but have no intention of fulfilling that promise and also to them who use false promises of employment or promotion to lure women into sexual relationships.
Indian Contract Act, 1872
Section 2(h) – Definition of Contract
A promise made without the intention to fulfill it may be considered a breach of contract under the Indian Contract Act, 1872. In general contract law, a contract requires that both parties enter into an agreement in good faith and with the intention of fulfilling the terms. A false promise to marry can be considered a contract made without good faith, leading to potential civil liability.
Example: If a person makes a false promise to marry in order to gain the trust or resources of another, and does not follow through, the deceived party could potentially sue for breach of contract under Section 2(h).
Section 2(d) – Consent and Free Will
For a contract to be valid, both parties must consent freely and without coercion. If one party makes a promise to marry to gain sexual or financial benefits from the other, without any intention of fulfilling the promise, this could be seen as coercion or undue influence, thus voiding the contract.
Conclusion
In a world where emotional bonds and trust play a pivotal role in shaping relationships, the false promise to marry remains one of the most painful and deceptive forms of betrayal. Legally, it transcends the realm of mere emotional harm and extends into the domain of fraud, deception, and sexual exploitation. The false promise to marry, often made with selfish motives and no intention of fulfilling it, can have far-reaching consequences, not just for the victim but also for the perpetrator. From a legal standpoint, the Indian judicial system recognizes the gravity of this issue. A promise, once made in good faith, is meant to be respected and honored. When it is broken without legitimate cause, it can lead to criminal actions such as cheating, fraud, and even sexual exploitation under fraudulent pretenses. Section 415 of the Indian Penal Code (IPC) acknowledges this violation as a crime of cheating, and Section 69 of the Bharatiya Nyay Sanhita evidently criminalizes such a false promise to marry with no intention of the same in cases where it leads to sexual consent being obtained by fraud, Section 375 (Rape) becomes a vital point of reference.
Ultimately, a false promise to marry is not just a breach of emotional or social commitment; it is a legal offense that society can no longer afford to overlook. The legal system’s role in offering protection and justice is vital, but it is equally important that society moves toward a more empathetic and ethical understanding of relationships, where the concept of commitment is honored not only in law but also in practice. The real solution lies in fostering an environment of transparency, honesty, and mutual respect, where the weight of promises is never taken lightly and is bound by genuine intentions. If we aim to create healthier and more trustworthy relationships, it is essential to address not only the legal consequences but also the underlying emotional and societal norms that contribute to such deceitful behavior.
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