Does a prosecution for a false promise of marriage require evidence that the accused had no intention, from the very beginning, of keeping the promise?
Coram: Justice J. B. Pardiwala · Justice K. Vinod Chandran
A prosecution for a false promise of marriage requires evidence that the accused had no intention, from the very beginning, of keeping the promise.
Yes. There must be adequate evidence to show that at the relevant time, that is, at the initial stage itself, the accused had no intention whatsoever of keeping his promise to marry; a person having the best of intentions who is later unable to marry owing to unavoidable circumstances does not thereby commit deceitful conduct.
Bharatiya Nyaya Sanhita, 2023 — s.69 — False promise of marriage — Quashing of FIR — Bharatiya Nyaya Sanhita, 2023 — s.69 — Intention from the very beginning — Held: A prosecution for a false promise of marriage requires evidence that the accused had no intention, from the very beginning, of keeping the promise. (¶3, 4) Bharatiya Nyaya Sanhita, 2023 — s.69 — Consensual relationship — No deceitful inducement — Held further: Where the complaint discloses a consensual relationship with no deceitful inducement, there is no reason to allow continuation of the proceedings; FIR quashed. (¶5, 7)
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