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Dec 44 min read

What Legal Actions Can I Take If Someone Made A False Promise Of Marriage?

Promises Of Marriage Ceremony Have Grave Effects And Consequences Relating Towards Him Emotionally And Legally. They Create A Breach Of Trust And Can Most Times Lead To A Criminal Offense, Punishment Or Exploitation Of The Trust Under Indian Law.

False Promise Of Marriage: About


A False Promise To Marry Is When A Person Induces Or Persuades Another Person To Enter Into A Romantic Relationship Or Sometimes Act In A Somewhat Personal Or Sexual Manner In Expectation Of Marriage. If A Promise Would Be Made With Absolutely No Intention Of Fulfilling It, It Would Be Legally Actionable As Illegal. 

These Forms Of False Promise For Marriage Include:

  • Emotional Exploitation

  • Financial Fraud

  • False Pretense Sexual Relationships


Legal Actions To Take For False Promise Of Marriage

Criminal Actions:


  • Section 63 Of Bhartiya Nyaya Sanhita: If A Man Misrepresents Himself In A Promise Of Marriage And Gets A Woman Into Sex, It Becomes Rape As Per Section 63 Of Bns. Such Consent Is Considered 'invalid' By The Law When Granted Under "Misrepresentation Of Facts''.

  • Section 28 Of Bhartiya Nyaya Sanhita: Section 28 Of The Bns Invalidates Consent Obtained By Coercion, Fear, Or By Deception. The Present Section Fortifies The Statement Of The Victim Where The Consent Of The Victim Has Been Obtained To A Sexual Act On The False Promise Of Marriage. 

  • Section 81 Of Bhartiya Nyaya Sanhita: It Is Illegal For Someone To Trick A Woman Into Thinking They Are Married, And As A Result, She Lives With Him, Under Section 81 Of The Bns. The Aim Of This Provision Is To Save Women From Being Led Into Such Situations.

  • Section 318 Of Bhartiya Nyaya Sanhita: Making A Deceptive Marriage Promise With The Intention Of Cheating Another Person And Driving Illegal Gain May Amount To Cheating As Defined Under Section 318 (1) Of The Bns. Section 318 (2) Specifies The Punishment For Cheating As Imprisonment For A Term Extending Up To Three Years, Or Fine, Or Both. 


Civil Actions:


The Aggrieved Party Can Pursue Civil Actions Besides Criminal Actions, Especially In Matters Relating To Financial Or Reputational Loss.


Breach Of Promise: Although Breach Of Promise Is Not Specifically Considered An Independent Tort In India, Civil Suits For Compensation Can Be Brought On Account Of Loss Suffered Due To False Promise. These Include:

  • Mental Trauma And Emotional Distress.

  • Defamation Or Reputational Injury.


Restitution For Financial Losses: If The Complainant Has Incurred Financial Losses As A Result Of False Promise, For Example On Wedding Expenses Or Gifts Or Loans To Make Such Arrangements, He Or She May Institute A Civil Suit To Recover Damages.


Legal Procedures For Filing A Case

Bring Evidence: 


Follow Up With Whatever Form Of Evidence You Have To Be Able To Substantiate Your Claim Such As: 

  • Written Communications Like Messages, Emails, Or Letters. 

  • Witness Statements From Friends Or Family. 

  • Any Form Of Financial Promises Made Or Records Of Transactions.


File A Police Complaint:


  • Get To The Nearby Police Station To Lodge An Fir. Put Forth All Details About How The False Promise Was Made And How It Has Affected Your Life In A Manner That Would Convince The Person Taking The Statement. 

  • Do Not Forget To Hand Over All Supporting Evidence With Your Case.


Consult A Lawyer:


  • Consult A Lawyer Practicing In The Domain Of Family Law Or Criminal Law, So That You May Be Guided Through Your Legal Process. 

  • In General Terms, A Lawyer Drafts Your Complaint In Court On Your Behalf And In Extreme Cases Fights For Your Rights In The Court Of Law.


Pursue Legal Action:


From The Nature Of The Case, The Attorney Shall Recommend The Legal Remedy Under The Appropriate Provision: 


  • Either File A Case Under Bns Provision Or 

  • File A Civil Suit For Damages Or Restitution.


Defenses And Challenges


It Is Not Easy Taking Legal Recourse Often, Sometimes Facing The Following Impediments, Such As:


  • Proving Criminal Intent: One Major Problem Here Lies In Proving That The Promise Was Made With Criminal Intentions. Courts Will Look Into The Evidence To Know What Intentions The Accuser Had At The Time Of Making Such A Promise.

  • Distinguishing Real Failures: Courts Also Admit That Real Well-Intended Promises Failed Because Of Some Unforeseen Ultimately Do Not Constitute Fraud. The Onus Also Rests On The Victim To Prove That The Deceit Was Deliberate.

  • Social Stigma: Society Tends To Scorn Such Cases. Therefore, The Average Person Will Face Even More Pressure To Avoid Litigation On Such Matters. But It Should Not Matter; Now, Everybody Needs Justice, No Matter What Society Says.


False Promises To Marry Are A Serious Issue In India, As They Have Legal, Emotional, And Social Consequences. Indian Laws Are Sufficiently Equipped To Offer The Victims Redress And Punish The Criminals. Hence, If You Know Someone Or If It Has Happened To You, Do Not Hesitate. Collect Evidence, Seek Legal Advice, And Pursue Your Right To Justice. Such Issues Take Us Closer To A Society That Is Built On Trust And Integrity.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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