In a landmark ruling that brings essential clarity to matrimonial and criminal jurisprudence, the Supreme Court has quashed a rape case registered on the grounds of a "false promise of marriage." The bench, comprising Justices CT Ravikumar and Rajesh Bindal, observed that a consensual sexual relationship cannot be classified as rape under Section 375 of the IPC (now Section 64 of the BNSS) if the parties were in a long-term relationship and the failure to marry arose from subsequent circumstances rather than an initial intent to deceive.
The case involved an appellant who had been in a relationship with the complainant for several years. The complainant alleged that the sexual relationship was established only because the appellant had promised to marry her—a promise he later failed to fulfill. However, the Court noted that the couple had lived together and engaged in a consistent relationship, which suggested that the consent was given out of mutual affection and not solely based on a fraudulent promise.
The Supreme Court highlighted a critical legal distinction: "Breach of promise" is not the same as a "false promise." A false promise occurs when the accused has no intention of fulfilling the marriage commitment at the very moment the promise is made, using it merely as a tool to obtain consent. In contrast, a breach of promise happens when a person initially intends to marry but later finds it impossible due to reasons such as family opposition, personal differences, or other life changes.
In its observations, the Court stated that if a woman continues a relationship for a prolonged period, it becomes difficult to argue that her consent was vitiated by a misconception of fact. The bench remarked that the criminal law should not be used as a weapon to settle scores in cases of failed romantic relationships where consent was voluntarily given over a significant duration of time.
This judgment follows a series of recent rulings where the apex court has expressed concern over the "judicial trend" of converting consensual relationship fallouts into criminal prosecutions for rape. The Court reiterated that for the offense of rape to be established in such cases, the prosecution must prove beyond a reasonable doubt that the accused had a "mala fide" (bad faith) intention from the beginning and that the promise of marriage was the only reason the consent was obtained.
Furthermore, the Court pointed out that under the new Bharatiya Nyaya Sanhita (BNS), Section 69 specifically addresses sexual intercourse by "deceitful means" or a promise to marry without intention to fulfill it. However, the standards for proving "deceit" remain high to ensure that the law is not misused in cases of genuine but unsuccessful relationships. By quashing the FIR, the Supreme Court has protected the individual from an arduous criminal trial where the evidence clearly pointed toward a consensual arrangement.
For legal practitioners, this case serves as a vital precedent in defending against charges of "rape by misconception of fact." It underscores the necessity for courts to examine the duration of the relationship, the conduct of the parties, and the specific circumstances that led to the breakdown of the marriage talks.
In conclusion, the Supreme Court’s decision reaffirms that while the law must protect victims of genuine fraud and sexual exploitation, it must also distinguish between a criminal act and a failed personal commitment. By clarifying the boundaries of consent, the judiciary continues to refine the balance between protecting individual rights and preventing the over-criminalization of social relationships.