Site icon Raw Law

Delhi High Court Grants Bail in False Promise to Marry Case, Emphasizing Distinction Between Breach of Promise and Fraudulent Intent, Recognition of Marriage, and Non-Retrospective Application of Section 69 BNS 2023

Delhi High Court Grants Bail in False Promise to Marry Case, Emphasizing Distinction Between Breach of Promise and Fraudulent Intent, Recognition of Marriage, and Non-Retrospective Application of Section 69 BNS 2023

Delhi High Court Grants Bail in False Promise to Marry Case, Emphasizing Distinction Between Breach of Promise and Fraudulent Intent, Recognition of Marriage, and Non-Retrospective Application of Section 69 BNS 2023

Share this article

Court’s Decision:

The High Court granted regular bail to the petitioner, considering the evidence that supported the claim that a marriage had taken place. The court reasoned that the facts did not conclusively establish that the petitioner had no intention to marry from the beginning. As a result, bail was granted under specific conditions, including the requirement that the petitioner:\n

  1. Furnish a personal bond of Rs. 25,000/- with one surety of the like amount.
  2. Appear before the trial court whenever required.
  3. Maintain a working mobile number and not change it without informing the investigating officer.
  4. Avoid engaging in any criminal activity.
  5. Refrain from contacting the complainant or the witnesses.

The court emphasized that these findings were limited to the bail application and should not be interpreted as an opinion on the merits of the case.


Facts of the Case:


Legal Issues Before the Court:

  1. Does the petitioner’s conduct amount to an offense under Section 376 IPC (rape) or Section 69 BNS 2023?
  2. Did the petitioner have a fraudulent intention from the beginning, or was this merely a breach of promise?
  3. Is the custodial interrogation of the petitioner necessary for the investigation?
  4. Is the petitioner a flight risk or a repeat offender?

Petitioner’s Arguments:

The petitioner’s counsel argued that:


Respondent’s Arguments (Prosecution’s Case):

The prosecution countered these arguments by stating that:


Court’s Legal Analysis:

The court analyzed the law concerning false promises to marry and examined whether the petitioner’s actions constituted an offense under Section 376 IPC or Section 69 BNS 2023.

Key Legal Considerations:

  1. Distinction Between Breach of Promise and Fraudulent Intent:
    • A breach of a promise to marry does not automatically amount to rape unless it is proven that the accused never intended to marry from the beginning.
    • The Supreme Court, in Deepak Gulati v. State of Haryana (2013), ruled that only false promises made with malafide intent amount to rape.
  2. Timing of the Alleged Offense and the New Law (BNS 2023, Section 69):
    • Section 69 of BNS 2023 criminalizes sexual relations induced by deceit, including false promises of marriage.
    • However, this law came into effect on July 1, 2024, while the alleged marriage took place in January 2024.
    • Since the marriage was confirmed in the State’s report, the applicability of Section 69 BNS 2023 was doubtful.
  3. Analysis of Supreme Court Precedents:
    The court cited the following cases:\n
    • Deepak Gulati v. State of Haryana (2013) – Held that only cases where an accused had mala fide motives from the start amount to rape.\n
    • Pramod Suryabhan Pawar v. State of Maharashtra (2019) – Clarified that a false promise must be intended to deceive at the outset.\n
    • Anurag Soni v. State of Chhattisgarh (2019) – Reiterated that if a man never intended to marry but induced a woman into sexual relations, it vitiates consent under Section 375 IPC.\n

Court’s Reasoning for Granting Bail:


Conclusion:

The court ruled in favor of granting bail, emphasizing that:


Implications of the Judgment:

  1. Clarifies the legal distinction between breach of promise and deception.
  2. Reiterates the need for strong evidence to prove fraudulent intent in false promise cases.
  3. Highlights that new laws (like Section 69 BNS 2023) cannot be applied retrospectively.
  4. Ensures that bail is granted when custodial interrogation is unnecessary and the accused does not pose a risk.

Also Read – Kerala High Court Directs SIT to Expedite Investigation in Crime No. 133/2024 of Koppam Police Station: Ensuring Fair Probe and Filing of Final Report at the Earliest

Exit mobile version