One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: When an accused person obtains bail and later breaks a written marriage promise, the victim can continue the criminal case under Section 69 BNS. The MOU becomes strong evidence of deceitful intent. Cancellation of bail, swift evidence collection, and a domain-experienced advocate typically turn the case in the victim’s favour. Don't delay.
The client, a 28-year-old IT professional in Jaipur, filed an FIR in early March 2025 under Section 69 BNS. Vikram Malhotra, a property broker, had maintained a physical relationship for over two years on the repeated assurance that they would marry. When the client pressed for a wedding date, Vikram turned hostile. He secured anticipatory bail from the Sessions Court in May 2025. Things then took a strange turn—both families sat across the table and signed an MOU in June 2025, agreeing to solemnise the marriage in October 2025. But the ink barely dried before Vikram disowned the agreement, blocked all communication, and his family declared they would not go through with it. The client was left stranded. That’s when she walked into the Chamber of Advocate Sudhir Rao, having lost weeks with an earlier representative who had no substantial experience in BNS 69 prosecutions. Advocate Sudhir Rao and his office immediately moved a well-drafted application to cancel the anticipatory bail, arguing breach of the MOU was a clear abuse of liberty and that the accused was likely to tamper with evidence. The court agreed. Bail was cancelled in a matter of weeks, and Vikram was taken into custody. This shift in custody completely changed the power dynamics and strengthened the prosecution’s hand. The MOU, far from being a compromise, became a weapon—it proved that the promise of marriage was never genuine. The case is now at the chargesheet stage, with a solid evidentiary foundation.Key Facts of the Case
- FIR under Section 69 BNS registered at a Jaipur police station in March 2025.
- Accused obtained anticipatory bail in May 2025.
- An MOU was executed in June 2025, fixing a marriage date in October 2025.
- After the MOU, the accused refused to marry and cut off all contact.
- The victim approached the Chamber of Advocate Sudhir Rao, who filed for cancellation of anticipatory bail on grounds of misuse of liberty.
- The Sessions Court cancelled the bail, sending the accused to custody.
- The MOU served as critical evidence to demonstrate deceitful intention under Section 69 BNS.
The Direct Legal Answer
You don't have to chase a marriage that was never intended. Your legal path is clear: you continue with the criminal case. The MOU you signed isn't a weakness—it's documentary proof that he promised marriage and then reneged. That goes straight to the core of Section 69 BNS, which punishes sexual intercourse by employing deceitful means or a false promise to marry.
Can the MOU be used against him?
Absolutely. It shows he made a concrete commitment in writing and then walked away. The court will view this as evidence of a lack of genuine intention from the outset. And because the MOU was entered into while he was on anticipatory bail, it also supports an application to cancel that bail—as happened here.
What if he claims the MOU was signed under pressure?
That defence is common but rarely works when the MOU is detailed, signed by both parties, and witnessed. The timing—right after bail—suggests it was a strategic move to weaken the case, not an act of genuine reconciliation. The court sees through such tactics when an experienced advocate presents the chronology clearly.
Advice in Such Cases
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 to 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.
Keep your emotions separate from the evidence. Don't delete messages, call logs, or photos—those are your real backup. Screenshot everything before sharing with your advocate. And here’s the thing: many victims wait for months while the accused builds a defence. Move fast. The earlier you document your side, the stronger your case.
This type of matter involves a web of procedural moves—bail cancellations, evidence marshalling, witness protection—that a general practitioner may not spot. Engaging an advocate who handles BNS 69 prosecutions routinely means you are less likely to lose a crucial advantage to delay or oversight.
Applicable Sections of Law
- Section 69 BNS – Defines the offence of sexual intercourse by deceitful means or false promise of marriage.
- Section 482 BNSS – Governs anticipatory bail for non-bailable offences; also the section under which cancellation of such bail is sought.
- Section 480 and 483 BNSS – Regular bail provisions after arrest.
- Section 528 BNSS – Inherent powers of the High Court to quash an FIR, though rarely available in such non-compoundable matters.
Punishment and Penalties
Under Section 69 BNS, the punishment is imprisonment of either description for a term which may extend to ten years and fine. The offence is cognizable—police can arrest without a warrant. It is non-bailable, meaning bail is not a matter of right and is granted only by the court’s discretion. Crucially, it is non-compoundable, so a private compromise without court intervention cannot automatically end the prosecution.
Jurisdiction — Where to File the Case
The FIR must be lodged at the police station within whose territorial limits the offence took place—typically where the sexual acts occurred or where the false promise was made. For trial, the Court of Session holds jurisdiction because the offence carries a potential punishment exceeding seven years. If the police station refuses to register an FIR, the victim can approach the Superintendent of Police or file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS.
What if Police Refuse to File FIR?
- Send a written complaint to the Superintendent of Police under Section 173(4) BNSS. The SP must direct an investigation if satisfied.
- If that doesn’t work, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can order the police to register and investigate.
- As a last resort, move the High Court under its writ jurisdiction. But this is avoidable with proper groundwork.
- Never let a reluctant police officer be the end of the road. Keep copies of all correspondence.
Rights of the Accused
- Right against self-incrimination under Article 20(3) of the Constitution—no forced confessions.
- Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time.
- Right to consult and be defended by a legal practitioner under Article 22.
- Right to receive a copy of the FIR and to be informed of the grounds of arrest.
- In the context of Section 69 BNS, the accused also has the right to seek anticipatory bail before arrest, though it can be cancelled for misuse.
Bail Provisions
The offence is non-bailable, so the accused must apply to the court. Anticipatory bail lies under Section 482 BNSS if the person apprehends arrest. Courts typically impose conditions like cooperation with investigation, no contact with the victim, and not leaving the country. If the accused breaches any condition—such as reneging on an MOU that was a precondition for bail—the victim can move for cancellation of bail under the same section. Regular bail after arrest is governed by Sections 480 and 483 BNSS. Bail strategy in such cases often hinges on whether the accused is likely to tamper with evidence or influence witnesses.
Quashing of FIR / Case
Quashing under Section 528 BNSS by the High Court is an extraordinary remedy. For a non-compoundable offence like Section 69 BNS, a private compromise does not automatically lead to quashing. However, if the parties later marry or reach a genuine settlement, the High Court may quash proceedings to secure the ends of justice, especially when there is no criminal antecedent and the settlement is voluntary. But until such a resolution, a mere MOU signed without marriage will not be a ground for quashing—it will only become evidence of the original deceit.
How the Police Behave in Such Cases
Police often try to mediate initially, pushing for a compromise rather than arrests. Once an FIR is registered, the investigation can be slow unless the victim is persistent. In cities like Jaipur, women’s cells may step in and speed up things. But when the accused is on anticipatory bail, the investigating officer may become relaxed. That’s why cancellation of bail is a crucial pressure point—jolting the police into completing the investigation without further delays.
Timeline of Legal Process
- FIR registration – Same day if evidence is clear; else, after preliminary inquiry (up to a few weeks).
- Investigation and collection of evidence – 60 to 90 days, extendable by the Magistrate.
- Chargesheet filing – After investigation; the court takes cognizance within weeks.
- Framing of charges – Typically 3–6 months from cognizance, depending on case load.
- Trial – Examination of witnesses, cross-examination; can take 1–3 years in a Sessions Court.
- Judgment – Delivered after final arguments.
- Appeal – To the High Court within prescribed limitation if needed.
How Long Will the Investigation Take?
The investigation must ordinarily be completed within 90 days for offences punishable with up to ten years. If the chargesheet isn't filed by then, the accused becomes entitled to default bail. In practice, with strong evidence and a cooperative complainant, a chargesheet can land in 60 to 90 days.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Because Section 69 BNS is non-compoundable, the parties cannot simply withdraw the case by mutual agreement. However, if a genuine marriage takes place later, or the complainant files an affidavit stating she has no objection, the High Court may exercise its powers under Section 528 BNSS to quash the FIR. Mediation and Lok Adalats are not typically available for non-compoundable offences, but a carefully structured settlement can still lead to a reduced sentence or a favourable report for the accused at the time of sentencing.
Common Mistakes People Make
- Delaying the FIR, which allows the accused to fabricate a defence and tamper with evidence.
- Deleting WhatsApp chats, call logs, or photographs—these are primary evidence in Section 69 BNS cases.
- Approaching a lawyer without checking whether the person regularly handles criminal trials involving sexual offences. Domain-specific experience in evidence collection and trial strategy makes a tangible difference in acquittal rates.
- Continuing to communicate with the accused without legal counsel present—every statement can be twisted.
- Believing that an MOU or a private agreement ends the criminal liability; it does not in non-compoundable offences.
- Allowing emotional distress to delay critical procedural steps like moving for cancellation of bail when the accused breaches conditions.
FAQs People Normally Have
Can I use the MOU against him even though it was signed after the FIR?
Yes. The MOU shows he acknowledged the relationship and promised marriage. His refusal to honour it demonstrates a lack of genuine intent, which is central to Section 69 BNS.
Is it too late to get his bail cancelled now?
Not if you act swiftly. Breach of an MOU, especially when made as a condition for bail, is a strong ground for cancellation. But delay weakens the urgency argument.
What if he married someone else during this time?
That strengthens your case even more—it proves the promise to you was dishonest. Your advocate can bring this fact to the court’s notice during bail or trial proceedings.
Will I have to appear in court frequently?
Yes, the complainant’s presence is required at key stages—examination-in-chief, cross-examination, and when the court records your statement. Your advocate will prepare you for each appearance.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.