Can a Woman Be Charged With a False Promise to Marry?
When legal disputes arise out of broken relationships, criminal complaints often name multiple family members. But can a female accused face every charge that a male accused does? The Karnataka High Court recently answered this question with a clear legal boundary.
The Court held that a woman cannot be prosecuted for having sexual intercourse through deceitful means or a false promise of marriage. This ruling provides crucial clarity on how criminal laws apply differently based on gender roles in specific offences.
The Background of the Karnataka High Court Case
According to the report, a woman filed a criminal complaint claiming she had sexual relations with a married man. The man allegedly promised to marry her after claiming his marriage was unhappy. The complainant also alleged that the man and his wife took private photos and videos of her, shared them without consent, and tried to blackmail her.
Based on these allegations, the complainant registered a case against both the husband and the wife. The charges included sexual intercourse through deceitful means, criminal intimidation, extortion, and violations under the Information Technology Act. The wife then approached the Karnataka High Court to quash the criminal proceedings against her.
What The Law Says: Section 69 of BNS
Justice Anant Ramanath Hegde partially quashed the case against the female petitioner. The Court noted that the specific provision dealing with sexual relations on a false promise does not apply to a female accused.
Under the Indian criminal justice framework, Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 penalises sexual intercourse obtained through deceitful means, false promises to marry, or fraudulent practices. (This provision broadly aligns with the legal principles surrounding rape jurisprudence under the erstwhile Indian Penal Code, 1860).
The High Court observed that because the petitioner is a woman, the core elements of Section 69 BNS simply cannot be attracted against her. The complaint’s allegations did not indicate any such act committed by the wife in the context of a promise to marry.
What Happens Next to the Other Charges?
While the High Court provided relief to the wife regarding the false promise to marry charge, it did not throw out the entire case against her.
The Court allowed the investigation to continue concerning other allegations, such as the misuse of digital data and privacy violations. However, the bench made an important observation regarding the IT Act charges. It noted that if the investigation reveals no data transfer was made by the petitioner—or if it was done without her consent—the police cannot file a charge sheet against her for those specific offences.
Why This Matters For You
For law students and everyday citizens, this ruling highlights the importance of precise legal drafting in criminal complaints. Courts will not allow blanket criminal charges to stick against individuals when the wording and legal ingredients of a specific section do not match the accused person’s actual role or gender-specific statutory definitions.
Criminal liability is strictly personal and must align with the exact provisions of the statute invoked. Knowing how sections like Section 69 BNS operate helps citizens understand their rights and safeguards within the Indian legal system.
Understanding the exact scope of criminal statutes ensures that legal processes remain fair and targeted only at valid offences.
Story reported by Barandbench. This article is BareLaw’s independent explanation and analysis.
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