Cheating in the name of love

Dear client,


Applicable BNS Sections in Your Case (Cheating in the Name of Love)
Section 316 – Cheating (Formerly IPC 417 & 415)
"Whoever, by deceiving any person, fraudulently or dishonestly induces them to do or omit to do anything which they would not do otherwise, shall be punished with imprisonment up to 3 years, or fine, or both."

The man induced you into a relationship, emotionally and virtually intimate, by falsely promising marriage.

This false promise, if proven to be dishonest from the beginning, qualifies as cheating under Section 316 BNS.

Section 351(2) – Criminal Intimidation (Formerly IPC 506)
Covers verbal threats, insults, or intimidation to cause mental harm.

If his mother threatened, insulted, or mentally harassed you over the phone, this section applies.
File a Complaint at the Police Station

Approach the nearest police station and complain to Section 316 (Cheating) and Section 351(2) (Criminal Intimidation) of the BNS, 2023.

Bring any evidence such as WhatsApp chats, messages, call recordings, or witness statements.

Approach Women’s Commission

File a complaint with the Telangana State Commission for Women or the National Commission for Women.

They can summon him and his family and take steps to protect your rights.

Send Legal Notice through an Advocate

An advocate can issue a legal notice demanding accountability for emotional and mental damage.

This can serve as a first step before a civil or criminal suit.

Dear Client,

While your primary focus should be on your emotional well-being and recovery, it's important to understand the potential legal avenues available for you . In cases of a broken promise to marry, especially where sexual intimacy occurred under such a pretense, Indian law primarily looks at the intent to deceive at the time the promise was made.

However, if the promise of marriage was made with fraudulent intent from the outset, leading to sexual intimacy or other significant actions on your part, potential legal avenues exist. This could include pursuing criminal charges under Sections 415/417 (Cheating) of the Indian Penal Code, or even more seriously, under Section 375 (Rape) read with Section 90 (Consent under Misconception of Fact), where consent for sexual relations was obtained through a false promise of marriage. Additionally, Section 493 addresses cohabitation under a deceitful belief of lawful marriage. For any significant financial losses directly incurred due to the broken promise, a civil suit for damages might be considered. Given the complexities, it is imperative to consult with a lawyer specializing in criminal or family law in Kolkata immediately to assess your specific case, gather necessary evidence, and understand the viability and implications of pursuing any legal action, while prioritizing your emotional well-being throughout the process.

Consult with a lawyer specializing in family law or criminal law.

Dear Client,
An aggrieved woman can file multiple cases against a person who cheated her with false promises of marriage if she can prove those allegations in Court. Section 90(now Section 28 of BNS) and Section 375 of the Indian Penal Code(now Section 63 of BNS) are what the person is charged with when he has a sexual relationship with a woman on false promise of marriage. Section 375 of IPC defines Rape and Section 90 IPC talks about consent when obtained using fear or misinformation. Section 114A of the Indian Evidence Act, 1872 talks about the presumption as to the absence of consent in certain prosecutions for rape. This section states that if the woman testifies in a court of law that she had given consent under a false pretext of marriage, then it will be considered as consent given under a false promise of marriage. Consent given by a victim based on a false assumption would be a violation of Section 375 IPC and Section 90 IPC, respectively. The Hon'ble Supreme Court has declared that if a person's objective is to do evil and he has ulterior motivations, he will be guilty under section 376 IPC(now Section 64 of BNS) and if motive is not taken into consideration then more people with evil intent will exploit girls from the lowest and poorest section of society by luring them with false promises of marriage and forcing them to have physical relations while convincing them that they will marry in the future, thinking that law is on their side as they have obtained the consent. So, given the proposition of relevant laws and the averments of the Apex Court, you need to consult an Advocate experienced in criminal cases to navigate the issues in the right way.