Sexual Intercourse on Promise to Marry -- Subsequent Refusal Due to Parental Disapproval -- Indicates promise made with genuine intention
(i) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse on Promise to Marry -- Subsequent Refusal Due to Parental Disapproval -- Indicates promise made with genuine intention -- Section 69 penalises deceitful conduct where a promise to marry is made without any intention of fulfilling it. Where the accused later refuses to marry on account of parental disapproval, this circumstance indicates the promise was made with genuine intention when given, and does not establish the deceitful conduct required for the offence. (ii) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse on Promise to Marry -- Consensual Relationship Without Nexus to Promise -- Does not attract offence -- Where the complaint itself shows a consensual relationship developing through mutual affection, and the complainant's submission to physical relations is not specifically stated to be conditional upon the promise to marry, no deceitful inducement is established and the offence is not attracted.
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