Exploited Under False Promise of Marriage: A Legal Guide

Exploited Under False Promise of Marriage: A Legal Guide

If you are stuck in such a situation, here is what to do.

Ms. Anjali, a resident of Nagpur, found herself in a deeply distressing situation. She was in a relationship with Mr. Vikram, who had promised her marriage. Based on this promise, they became physically intimate. However, Anjali soon discovered a shocking truth: Vikram was already in a long-term relationship with another woman and had a history of deceiving women from affluent families. It became clear that Vikram and his family’s modus operandi was to lure women with the promise of marriage, exploit them physically and emotionally, and then demand money and assets. When Anjali confronted him and refused his demands, she and her family began receiving threats, warning them against approaching the authorities. Realizing that she was not the only victim and that this man posed a danger to other women, Anjali decided to seek justice and prevent others from falling into the same trap.

Advice in such cases

  • Secure all evidence you have. This includes digital conversations, photographs, financial transaction records, and any proof of the threats. Make multiple backups.
  • Cease all communication with the accused and their family. Engaging with them further can lead to more threats or manipulation.
  • Your safety is the top priority. If you feel the threats are serious, inform someone you trust and consider relocating temporarily if necessary.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Under the new Indian penal laws, several provisions can be invoked in such a scenario. A lawyer will guide you on the most appropriate sections based on the specifics of your case:

  • Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This is a crucial section that specifically criminalizes sexual intercourse with a woman by deceitful means, which explicitly includes a false promise of marriage made without any intention of fulfilling it.
  • Section 316 of the BNS (Cheating): If there has been financial exploitation or property has been taken under false pretenses, this section can be applied.
  • Section 327 of the BNS (Criminal Intimidation): This section addresses the threats made to you or your family to prevent you from taking legal action.
  • Section 105 of the BNS (Dowry): If there was an explicit demand for dowry as a condition for the promised marriage, this section becomes relevant.

If you are the complainant

  • Gather and organize all your evidence meticulously. Create a timeline of events, from the beginning of the relationship to the promise of marriage, the discovery of fraud, and the subsequent threats.
  • Draft a detailed written complaint to be submitted to the police. Clearly state all the facts, mention the names of the accused and any witnesses, and describe the evidence you possess.
  • Approach the Senior Superintendent of Police (SSP) or Deputy Commissioner of Police (DCP) of your district with the written complaint if the local police station is uncooperative.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Exploited Under False Promise of Marriage: A Legal Guide

If you are the victim

  • Understand that you are not at fault. Manipulators and fraudsters are skilled at exploiting trust. Seeking justice is your right.
  • Document every instance of contact, threat, or any new information that comes to light. Keep a diary of events.
  • If you are aware of other victims, and if it is safe to do so, you may consider coordinating with them. A collective complaint can often strengthen the case, but this should only be done under legal guidance.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police response can vary. Initially, some officers might view the matter as a “relationship gone sour” and may be reluctant to file a First Information Report (FIR), suggesting mediation instead. However, with the introduction of specific laws like Section 69 of the BNS, their obligation to act is clearer. If you are accompanied by a lawyer and present a well-drafted complaint with solid evidence, the police are more likely to take the matter seriously and register an FIR. If the jurisdictional police station refuses, you have the right to file a complaint with a senior officer or directly approach the Magistrate’s court with the help of your lawyer.

FAQs people normally have

Exploited Under False Promise of Marriage: A Legal Guide

What evidence is required?

The strength of your case depends heavily on the quality of your evidence. Key pieces of evidence include:

  • Digital Communications: WhatsApp chats, text messages, emails, and social media conversations where marriage was discussed or promised.
  • Witnesses: Testimony from friends or family members who were aware of the relationship and the promise of marriage.
  • Financial Records: Bank statements, online transaction receipts, or any other proof of money or assets given to the accused.
  • Photographs/Videos: Pictures or videos of you and the accused together, which can help establish the nature and length of the relationship.
  • Recordings: Any audio or video recordings of the threats (ensure you understand the legalities of recording conversations in your situation, which your lawyer can clarify).

How long will the investigation take?

There is no fixed timeline for a police investigation. It can range from a few months to over a year, depending on the case’s complexity, the amount of evidence to be collected, and the workload of the investigating agency. The new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has introduced timelines for certain stages of the investigation to expedite the process. A proactive lawyer can file applications in court to monitor the investigation’s progress and ensure it is completed in a timely manner.

Advocate Sudhir Rao, Supreme Court of India

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