If you are stuck in such a situation, here is what to do.
Mr. Sameer, now 18, finds himself in a deeply distressing situation. He was in a committed relationship for four years with Ms. Anjali. Based on her explicit promise to marry him, they engaged in a physical relationship when Sameer was just 16 years old. He has been loyal and devoted, but now Anjali is withdrawing from the relationship, seemingly having found someone else. Heartbroken and confused, Sameer possesses evidence of her promise, including WhatsApp conversations and records from a hotel stay, such as receipts and CCTV footage. He is torn between his enduring feelings for her and the need to understand his legal rights after this profound betrayal.
Advice in such cases
Navigating such an emotionally charged legal issue requires a careful and strategic approach. Here are the initial steps you should consider:
- Preserve All Evidence: Do not delete any messages, chats, emails, or photos related to the relationship and the promise of marriage. Securely back up all digital evidence. Keep physical evidence like receipts or gifts safe.
- Document Everything: Write down a detailed timeline of the relationship, including key dates, specific promises made, and incidents. This will be invaluable for recalling facts accurately.
- Avoid Impulsive Actions: Do not threaten, harass, or publicly shame the other person. Such actions can weaken your legal position and may even lead to counter-complaints against you. Maintain composure and act methodically.
- Consider the Consequences: Filing a legal complaint is a serious step with long-term implications for both parties. Understand that once the legal process begins, it can be lengthy and emotionally draining.
- **Consult with Lawyer:** The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depending on the case. He is helping you in this situation to come out. He is an 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
The legal framework in India has specific provisions that address situations involving sexual relations based on a false promise of marriage. With the introduction of new criminal laws, the relevant sections are:
- Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This is a critical section that directly addresses "sexual intercourse by employing deceitful means, etc." It criminalizes the act of a man obtaining consent for sexual intercourse from a woman through a false promise of marriage, without any intention of fulfilling it. While this section is framed with a male perpetrator and female victim, its principles regarding deceitful consent are central to such cases. The courts often interpret laws to prevent injustice, and a lawyer can advise on the applicability in a case where the complainant is male.
- The Protection of Children from Sexual Offences (POCSO) Act, 2012: This is a stringent, gender-neutral law. Since the physical relationship occurred when you were 16, you were a "child" under the law. The POCSO Act presumes that a child cannot give valid consent to a sexual act. Therefore, any sexual activity with a minor can constitute a serious offense under this Act, regardless of promises or perceived consent. The age of the parties at the time of the act is the most critical factor here.
If you are the complainant
If you decide to proceed with a formal complaint, you must be prepared for the legal process. Here is what you should do:
- Gather Your Evidence: Systematically organize all evidence you have. This includes chat histories, call logs, photographs, hotel receipts, and any witness information. Create a clear and coherent narrative supported by this evidence.
- Draft a Detailed Complaint: With the help of your lawyer, prepare a written complaint that clearly outlines the facts, the promise of marriage, the deceit involved, and the emotional and mental distress caused.
- File a First Information Report (FIR): The complaint should be filed at the local police station having jurisdiction over the area where the offense took place. The police are obligated to register an FIR for such cognizable offenses.
- **Consult with Lawyer:** The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depending on the case. He is helping you in this situation to come out. He is an 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.
- Stay Engaged in the Process: Follow up with the police regarding the investigation's progress and cooperate fully. Your lawyer will guide you through each stage, from giving statements to court appearances.
If you are the victim
Recognizing yourself as a victim of deceit and potential exploitation is the first step toward seeking justice. Your well-being is paramount.
- Prioritize Your Mental Health: This is a traumatic experience. Seek support from trusted friends, family, or a professional counselor to help you process the emotional fallout.
- Understand Your Rights: As a victim, you have the right to file a complaint, have your identity protected (especially in cases involving sexual offenses), and be treated with dignity by the police and the courts.
- Let Your Lawyer Be Your Voice: A skilled lawyer will not only handle the legal technicalities but also act as your representative, shielding you from direct and unnecessary confrontation with the accused.
- **Consult with Lawyer:** The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depending on the case. He is helping you in this situation to come out. He is an 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
Police handling of such sensitive cases can vary, but they are legally bound to follow a specific procedure. Given the involvement of the POCSO Act, the police are required to be particularly cautious. Typically, a women police officer or a specialized unit handles such complaints. The investigation will involve registering an FIR, recording your detailed statement (under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, BNSS, before a Magistrate, if required), and collecting all relevant evidence you provide. They will also investigate the accused's side of the story. While some officers are empathetic, others may be dismissive. Having a lawyer accompany you can ensure your complaint is taken seriously and handled correctly.
FAQs people normally have
What evidence is required?
To build a strong case, the prosecution needs to establish the promise of marriage and that it was false from the beginning. Key evidence includes:
- Digital Communication: WhatsApp chats, SMS messages, emails, and social media conversations where marriage was discussed or promised.
- Testimonial Evidence: Statements from friends or family who were aware of the relationship and the promise of marriage.
- Circumstantial Evidence: Photographs together, hotel booking receipts, payment records, and CCTV footage that corroborates your presence together.
- Your Statement: A consistent and credible account of the events is a crucial piece of evidence.
How long will the investigation take?
The duration of an investigation is not fixed and depends on various factors, including the complexity of the case, the evidence to be collected, and the workload of the investigating agency. The Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced timelines to expedite the process. For instance, the investigation in cases of offenses against women should ideally be completed within two months. However, delays can occur. A proactive lawyer can help in filing applications to expedite the investigation and trial process, ensuring the case moves forward without unnecessary delays.
Advocate Sudhir Rao, Supreme Court of India