Rape-- False Promise of Marriage--Mother's Disapproval as Excuse--Not a Bona Fide Reason to Escape Liability Under Section 69 BNS
A false promise of marriage made without any intention to fulfill it, and subsequently broken on a pretext not beyond the control of the accused, constitutes an offence under Section 69 of the Bharatiya Nyaya Sanhita. Refusal to marry on the ground that the accused's mother did not consent does not constitute a bona fide reason, particularly when the accused could have ascertained parental consent before entering into physical relations. Following the distinction drawn in Deepak Gulati v. State of Haryana, only a false promise made with the understanding that it would be broken attracts penal liability, as distinguished from a genuine promise subsequently not fulfilled due to circumstances beyond control.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
