False Accusation of Rape on the Pretext of Marriage: What Indian Law Really Says

False Accusation of Rape on the Pretext of Marriage

In India, the law treats rape as a very serious offence. But when relationships break down, especially those involving intimacy and the promise of marriage, the lines between emotional betrayal and criminality can get blurred. One of the most debated legal issues today is whether a man can be charged with rape if he engaged in a physical relationship with a woman after promising to marry her but later failed to do so. While the law aims to protect women from exploitation, it also must guard against false accusations.

This blog simplifies the legal position, explains what the courts actually say, and walks through real-life style situations to help anyone understand this issue clearly.

What the Law Says

Under Section 375 of the Indian Penal Code (now replaced by Section 63 of the Bharatiya Nyaya Sanhita, 2023), rape includes situations where a woman’s consent was obtained through a “misconception of fact.” A false promise to marry can amount to such a misconception.

However, the key element is the intention of the man at the time of making the promise.

If the man genuinely intended to marry the woman but could not do so later due to real-life circumstances, it is not rape. But if he never intended to marry and only made the promise to obtain consent for sex, it may amount to rape.

Scenario 1: Genuine Promise, Later Withdrawal

A man and a woman are in a relationship. They talk about marriage, involve their families, and are emotionally invested. However, due to strong opposition from the man's parents, the marriage does not take place. The woman files a rape complaint claiming she was used.

In this case, the promise to marry was genuine. The man’s intention was honest. It does not amount to rape under law.

Scenario 2: False Promise with No Intention to Marry

A man is already married but hides this fact. He tells a woman he is single and promises to marry her. They become intimate. Later, the truth is revealed.

Here, the man had no capacity or intention to marry. He made a deliberate false promise. This may amount to rape, as the woman's consent was obtained by deception.

Scenario 3: Long Relationship Ending in Allegation

Two adults are in a long-term relationship involving physical intimacy. They live together, plan a future, and even introduce each other to their families. After several years, they separate. One party files a rape case, saying consent was based on a marriage promise.

If there is evidence that both parties were in a consensual relationship and that the promise was sincere at the time, the court will not treat it as rape. A failed relationship is not a crime.

Scenario 4: Conditional Promise

A man says he will marry the woman if his parents agree. The woman consents to a relationship. Later, the man does not convince his parents and walks away from the relationship.

Whether this is rape depends on the facts. If the man genuinely tried to fulfill the condition, it is not rape. If the condition was just a cover for dishonesty, the court may treat it as a false promise.

Scenario 5: Allegation as Revenge

A couple ends their relationship after mutual disputes. The woman then files a rape complaint. The man claims the complaint is false and was filed out of anger or to force him into marriage.

If there is no evidence of fraud or false promise, and if the complaint is filed after a long delay with inconsistencies, the court may consider it a misuse of criminal law. False cases may lead to prosecution under Section 182 and Section 211 of the IPC.

What Courts Examine

To determine whether the promise was false or broken due to genuine reasons, courts examine:

• Whether the accused was already married or incapable of marriage

• Whether there was actual effort toward marriage, including meeting families or fixing a wedding date

• Whether the complainant was aware of the relationship’s nature

• Any supporting evidence, such as messages, chats, photos, or conduct during the relationship

• The timing of the complaint and any motive behind it

What Indian Courts Have Said About False Accusations

Indian courts have taken a balanced and clear position on this issue. Here are some important judicial observations:

1. If the promise to marry was genuine but the marriage did not happen due to real-life issues, it is not rape. This was held in the case of Pramod Suryabhan Pawar v State of Maharashtra (2019).

2. A woman who is mature and has been in a prolonged relationship cannot later claim she was misled, unless there is clear proof of dishonesty. This was clarified in Deepak Gulati v State of Haryana (2013).

3. The criminal justice system must not be used for revenge. False cases burden the system and hurt genuine victims. Courts now demand strong evidence before convicting someone in such matters.

4. Courts look at all surrounding circumstances, including delay in filing complaints, contradictions in the statements, and the conduct of both parties during the relationship.

Legal Consequences of a False Accusation

If an allegation is proven to be false, the person who made the complaint may face:

• Prosecution under Section 182 of the IPC for giving false information to police

• Prosecution under Section 211 of the IPC for making a false charge

• Civil defamation suits

• Arrest and criminal trial in exceptional cases

However, these actions require strong proof from the falsely accused party and often depend on the outcome of the trial.

Conclusion

A relationship that fails does not become a crime. The law punishes men who use false promises to exploit women. At the same time, it protects those who are wrongfully accused when relationships break down due to real-life complications. Courts in India have become cautious, fair, and focused on evidence.

If the promise to marry was sincere and the relationship was mutual, it cannot be treated as rape simply because it ended. False accusations damage lives, reputations, and trust in the justice system.

For anyone facing such a situation, it is important to stay calm, gather all evidence, and consult a good criminal lawyer. The law does not support falsehood, and the truth, when shown clearly, can protect the innocent.

Disclaimer

This article is for public awareness and educational purposes only. Each case depends on its individual facts. Please consult a qualified criminal lawyer for legal advice specific to your situation.