Difference Between Promise To Marry And A False Promise To Marry

Nowadays, it is common amongst youngsters to fall in love with each other. In most of cases during the period of courtship, there is always a promise by one person to marry the other person. If the promise to marry is broken, however, the intention to marry was genuine, the promise will not come in the category of “False Promise to Marry”. Basically by way of a promise to marry, a consent is obtained by a man from the woman to engage in the sexual act. Hence, the consent given by the woman is a conditional consent based on promise given by the man to marry her. A false promise to marry by a man can be ascertained from certain facts and circumstances, which shall depict that the man had no intention to marry the woman from whom consent to engage in sexual act has been obtained, it is called a false promise to marry which amount to cheating and rape. The man being accused of sexual act on false promise to marry is liable to be punished under Section 376 of IPC (offence of rape). Sometimes, the man is married and conceal his marriage from the woman to obtain consent for engaging in sex on promise to marry. The said promise is a false promise ab-initio as the intention of the man was never to marry the woman and hence, the man is liable for committing offence of rape on the woman.

There are always chances of a woman entangling the man in false rape cases by alleging that the consent for sex was obtained by the man on false promise to marry. Though, there was no such promise and the woman had consented for sex as per her wish. This happens when there is some kind of enimity between the man and the woman or between their families and the complaint is lodged at the instant of some close relative of the woman. In Indian law, statement of the Victim (upon whom rape has been committed) is substantial evidence for conviction of the accused and it does not require any corroboration, if the sole testimony of victim is credible and trustworthy.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate