False Promise to Marry and Breach of Promise: Legal Distinctions and Case Analysis

Introduction

Rape is one of the worst offences that occur in society and it has both physical and psychological effects on the victim. There can be no doubt that the criminal justice system must respond to such heinous crimes vehemently, and where possible the offender must be prosecuted to the full extent of the law. In the context of such legal provisions, a challenging question of law comes up where the fact of rape is alleged on the ground of ‘false promise of marriage’. This article therefore attempts at a discussion on the meaning of a fake promise of marriage and mere breach of promise and how these are treated under the law in India with special reference to recent judgments. 

The Concept of Rape concerning False Promise to Marry 

The term “rape” itself comes from the Latin word “rapere” which means “to snatch, to grab, or to carry off. ” In actual Roman law, “raptus” meant the act of carrying off a woman by force with or without her consent for the purpose of sexual connection. In India, rape is one of the most common types of violence against women and it becomes a major concern in terms of law enforcement. As per National Crime Records Bureau or NCRB, India recorded as many as 31,677 cases of rape in 2021, for example, 86 cases in a single day.
 

Legal Framework of Section 375 and Section 90 under IPC 

Where rape is accused under the pretext or a promise to marry or on other grounds, IPC mainly implicates Sections 375 and 90. 

The legal definition of Rape under Section 375 IPC 

Indian Penal Code Section 375 states what constitutes rape and under what conditions sexual intercourse is deemed rape. Under this Section, a man is said to commit the offense of rape if he has sexual intercourse with a woman in any of the following circumstances:

• Against Her Will: When the act is forced or when the woman does not consent to being forced into the act. 

• Without Her Consent: Having unlawful intercourse particularly when the act is carried out without the consent of the woman. 

• Consent Obtained Through Coercion or Fear: Sexual consent is obtained by putting a woman or anybody she has concerns in fear of death or serious injury. 

•  Impersonation: When a man disguises himself in the hope of tricking the woman into thinking that he is a legitimate husband and that they are having sexual intercourse. 

• Consent Obtained Through Intoxication or Mental Incapacity: Where a woman consents while in a state of mental illness or under the influence of drink or drugs, rendering her incapable of comprehending the implications of her consent. 

• Statutory Rape: Whenever the sexual act is with a female below the age of 18 even if she consented because consent from such a person in the case of a minor is unlawful. 
  
  

The Indian Penal Code specifically under section 90 – Invalid consent

To a large extent, the provisions of Section 90 IPC help in determining the circumstances as to when there is consent and when it does not exist. Special attention is paid to the cases when the consent given by a person has been denied legal validity. 

Under Section 90, consent is considered invalid if it is obtained under: 

• Fear of Injury: If the consent is given out of fear of being injured or under any kind of pressure then such consent is not free consent. The law recognizes the fact that such consent is given under compulsion and such consent is not valid. 
  
  
• Misconception of Fact: Consent that was given because of a mistake of fact is also not valid. This especially applies to situations where the woman is led to believe that the man will marry her, this is after agreeing to indulge in sexual relations with him. Thus, if it is established that the man never had any intention of getting married and offered her the promise of marriage to persuade her to have a sexual relationship with him, her consent was given under a misconception of fact, and in such circumstances, consent is not valid. 
  
  

Application in Cases of False Promise to Marry:

Essentially, if a woman gets involved in sexual intercourse with a man on the understanding that he will marry her, her consent is valid if he meant the promise or otherwise, it was a deception. 

If the man had made the promise and genuinely intended to follow through with it but later conditions forced the couple to part ways, then this would be a breach of promise. However, if the promise was made to regain her cooperation to get her to give in to the man’s sexual needs, then her consent is a result of a misconception. This makes the act fall under the section of rape as described under Section 375 of the IPC Act. 

Breach of Promise vs. False Promise to Marry 

There is always a situation in many cases that is brought before the courts where the relationship between the victim and the accused worsens which leads to the charge of Sections 375/376 IPC. As much as rape victims need justice, the general public also needs to understand that though, it is important that the legal system is not abused to gain vengeance over the accused. 

Breach of promise describes a scenario whereby the accused has failed to marry the complainant as per the earlier agreed promise that he/she would do so. In such cases, the initial statement was made with a clear conscience, the sexual actions were voluntary, and both parties had equal comprehension of the consequences. 

False Promise to marry is a different scenario that means the accused never had any intentions to marry the victim but he made a promise to have intercourse with the victim. This is rape as the consent was got under pretenses by the accused person and as such, the accused took advantage of the victim.

Interplay Between Sections 375 and 90 IPC

When the rape has been alleged on the ground that there was a promise to marry the woman, Sections 375 and 90 of the IPC overlap to determine if the consent of the woman is genuine or not. The court must scrutinize the promise to marry and determine if the defendant was indeed willing and ready to fulfill that promise or if he just made the promise with the main intention of presenting a false image to get the woman’s consent for sexual relations. 

Depending on the decision of the court, if the man never intended to marry the woman and the consent was given by her due to the belief that they would marry then consent is considered null under Section 90. Hence, even consensual intercourse would be defined as rape under Section 375. 

Judicial Interpretations 

The Court of Law has time and again pointed out that not every breach of promise to marry amounts to rape. Therefore, the difference can be explained by the fact that the definition of this type of crime depends on the accused’s motives when he made the promise. It is apparent from decisions such as Uday v. State of Karnataka and Deepak Gulati v. State of Haryana that the Supreme Court needs to ascertain whether it was bona fide and not made maliciously. 

• Uday v. State of Karnataka (2003): The Supreme Court said it is not rape if a man seduces a woman intending to get her to agree to have sex with him and she is aware of his intentions and freely agrees despite this he does not marry her. 
  
  
• Deepak Gulati v. State of Haryana (2013): The court also pointed out that the intentions behind the promise are very essential. If the aim of the promise to marry was to get physical satisfaction, then it will involve rape. If the relationship was consensual and the man promised to marry a woman but failed to do so perhaps due to some circumstances that made it impossible not to be able to marry her, then it would not be rape. 
  
  

Case Study: Pramod Dhanji Purabiya v. State of Maharashtra

The recent case of Pramod Dhanji Purabiya vs. State of Maharashtra (2022) provides the difference between a breached promise and a false promise of marriage. 

Case Background 

In this case, the accused has moved the high court for the discharge of the criminal proceedings laid against him under Sections 376(1), 376(2)(n), 376(2)(h), 313, 323, 504, and 506 of the IPC. The accused had spent quite some time with the victim, a divorcee, who was lured into the relationship and promised that he would marry her and accept her child. In this promise, they had a sexual relationship and the victim decided to live with the accused. However, when she was pregnant, the accused refused to marry her and demanded for an abortion to be made. In the long run, the victim realised that she had been defrauded and lodged a complaint through the FIRE. 

Court’s Analysis and Judgment 

The Bombay High Court, in the above case, considered all the evidence made available and determined the case to be a ‘false promise to marry’. The court was of the view that the accused never had any intention of marrying the victim and the promise was only being made to get the victim to have a sexual relationship with him. The court also cited the Supreme Court decision in Pramod Suryabhan Pawar v State of Maharashtra where it made the distinction between a mere breach of promise and a false promise of marriage. The court concluded that due to an essential misunderstanding of the reality, the victim’s consent to the sexual relationship was not voluntary because the accused had no genuine intention of marrying her.
 

Conclusion 

This can be seen in the present case where the court avoids confusion between a false promise of marriage and a breach of promise. If the promise to marry is made with the wrong intention to deceive the victim to have sex with them, then it deems to be rape according to Section 375 IPC. On the other hand, if the promise has been broken by one party due to some circumstances that could be unpredictable and it was not in his/her ability to deceive the other party then the law recognizes it as a breach of promise rather than rape. These aspects are significant in an attempt to distinguish between serving justice and the improper exploitation of provisions provided by law.

FAQs

What should I do if a man has promised to marry me and is now refusing to do so? 

It is important that if you have been duped, and a person who promised to marry you has failed to do so, please see a lawyer to determine whether or not you have a legal foundation to proceed against such a person. A decision not to marry may be deemed a legal offence under Section 375 IPC if the promise to marry was made through fraud.
 

What distinguishes a false promise to marry from a breach of promise? 

The promise to marry which is false in intention constitutes cheating to gain consent to meet for sexual purposes and is the basis for rape under Section 375 IPC. An example of a breach of promise is when something happens that is beyond anyone’s control and it does not amount to rape as it was not done with the intent to harm deliberately. 

What if the sexual relationship was consensual but based on false hope/expectations as to what the perpetrator could or would provide? 

Yes, if the sexual relationship was an expectation of marriage and consent was given under pretence then a complaint can be filed. This type of consent is not considered valid under Section 90 IPC, and this can make the act fall under rape. 

In which way does Section 375 IPC connect itself with cases about false promises to marry? 

Section 375 IPC outlines rape and situations in which consent was given under the misunderstanding such as being told that one will marry the other party. This is so since the act belongs to the category of rape as defined under this Section, if it can be established that consent was given under pretense though a promise was made, but there is no intention of marriage.