Authors:
- Dhanesh Kumar,D Scholar (Law), Rabindranath Tagore University, Bhopal (M.P.), India
- (Dr.) Neelesh Sharma, Dean, Institute of Law, Rabindranath Tagore University, Bhopal (M.P.), India
ABSTRACT
The overlap of consensual intimate relationships and criminal sexual exploitation is one of the most legally controversial in modern criminal jurisprudence. This research paper focuses on one of the most profoundly nuanced phenomena the sexual relationships or acts with the help of false promises of marriage in which consent is supposedly procured on the basis of false promises of marriage. These instances are uncomfortable at the intersections of contract breach, sexual empowerment, and criminal responsibility, and they are all challenging in courts, legislatures, and even social sciences.
The main aims of the paper are four-fold: first, to develop a rigorous conceptual and legal framework of differentiating between true matrimonial intention on the one hand, and fraudulent inducement on the other hand; second, to analyze the emerging and landmark judicial trends within the jurisdictional framework of both the Indian and international jurisdictions; third, to assess the socio-cultural, psychological, and evidentiary aspects of such cases; and fourth, to make suggestions of actionable policy reforms that serve justice fairly without criminalizing broken promises.
This study follows a doctrinal legal approach, which relies on statutory materials, legal case studies, comparative constitutional systems, secondary data in social-science, and empirical legal research. Notable findings indicate that there is a disturbing trend: the Indian courts have been vacillating in establishing clear, workable guidelines, including taking an overly broad and overly narrow approach. The study points out that there are five critical gaps: the interpretive problems of the recently enacted provision under Section 69 of the BNS, the apparent lack of a uniform mens rea test, the lack of victim-support infrastructure, the evidentiary challenges of proving intent at the time of the promise, and the systemic misuse concern which emerges as a result of criminalization of relationship breakdowns.
The paper ends by offering a set of calibrated policy proposals such as statutory clarification, dedicated investigative protocol, specialized fast-track courts, and mandatory counseling mechanisms, to recommend a balanced approach that both protects the actual victims as well as safeguarding the rights of the accused against weaponized legal processes..
Keywords: False Promise of Marriage, Rape by Lies, Consent Vitiated by Fraud, Section 375 IPC, Sexual Exploitation, Judicial Trends, India, Comparative Law.
