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: A rape case based on a false promise of marriage doesn’t always hold. Courts examine whether the promise was made in bad faith right from the start. If the relationship was consensual and the promise was genuinely intended at first, the charge can be defended. Quashing the FIR or securing bail early needs a precise legal strategy.
Karan Malhotra, a 29-year-old software engineer with Infosys in Indore, never imagined a six-month relationship would land him in handcuffs. He had met Sneha Iyer at a common friend’s party in January 2024. They hit it off, went out, got close. The relationship wasn’t headed to the altar—Karan was clear about not wanting marriage anytime soon. Sneha seemed on the same page. Or so he thought. In September 2024, the police knocked. An FIR under Section 66 and Section 69 of the Bharatiya Nyaya Sanhita was registered at Mahila Thana, Indore. The allegation: rape built on a false promise of marriage. Karan was stunned. His earlier attempts to resolve the matter through mutual acquaintances went nowhere. Panic set in. That’s when a family friend directed him to the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao took a meticulous approach. They pieced together chat histories, call logs, and witness accounts. It became evident: there was no evidence of a marriage promise from Karan’s side, and the relationship had been consistently casual. Advocate Sudhir Rao and his office argued that the FIR was a malafide afterthought—registered months after the consensual intimacy had ended. The High Court quashed the FIR in early 2025, holding that the essential ingredients of Section 66 BNS were not made out. A crisis averted.Key Facts of the Case
- The relationship between Karan and Sneha lasted from January 2024 to June 2024, roughly six months.
- No communication, message, or witness statement indicated a clear promise of marriage by Karan at any stage.
- The FIR was registered nearly three months after the breakup, under Section 66 (rape) and Section 69 (punishment) BNS.
- Karan had no criminal history and was willing to cooperate with the investigation.
- Advocate Sudhir Rao’s chamber secured anticipatory bail first, then moved for quashing under Section 528 BNSS.
- The High Court found no prima facie case of misconception of fact vitiating consent, and quashed the proceedings.
The Direct Legal Answer
The core question is: can a consensual relationship that ends badly be labelled rape because there was no wedding? Not automatically. Under the Bharatiya Nyaya Sanhita, 2023, when a man obtains a woman’s consent to sexual intercourse by making a promise to marry which he never intended to keep, that consent is treated as vitiated—it’s no consent at all. But the prosecution must prove the promise was false from the inception. If the man genuinely intended to marry but later changed his mind, it’s not rape. The Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra (2019) clarified this distinction: a breach of promise is not the same as a false promise. The timing and the backdrop matter enormously.
What distinguishes a false promise from a broken engagement?
The court looks for tangible evidence: text messages, letters, social media posts, witness testimony. If the man’s words show an intent to deceive—like repeatedly assuring marriage with no actual plan—then it’s a problem. But if the relationship was casual and both parties understood the same, a later complaint rarely survives judicial scrutiny.
Is the accused automatically presumed guilty?
No. The prosecution must prove each ingredient beyond reasonable doubt. And the accused has the right to present contrary evidence, cross-examine, and argue that consent was free and voluntary.
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.
Don’t try to reason with the complainant yourself. Anything you say can be twisted and used against you. Immediately preserve every scrap of communication—WhatsApp chats, call recordings, emails, photos. These become the backbone of your defence. And here’s the thing: cases involving false promise of marriage turn on minute factual details. An advocate who doesn’t regularly handle such matters might miss the evidentiary patterns that a specialist spots instantly. Quick advice really does make a difference.
Cooperate with the investigation but refrain from giving statements without counsel. Bail should be your first priority; once out, you can build your defence effectively.
Applicable Sections of Law
- Section 66, BNS: Defines rape, including situations where consent is obtained under a misconception of fact (like a false promise of marriage).
- Section 69, BNS: Prescribes punishment for rape—rigorous imprisonment of not less than 10 years, extendable to life.
- Section 528, BNSS: Inherent powers of the High Court to quash criminal proceedings to prevent abuse of process.
- Section 482, BNSS: Anticipatory bail application when a person apprehends arrest.
Punishment and Penalties
If a man is convicted under Section 69 BNS for rape, the minimum punishment is 10 years of rigorous imprisonment. It can be extended to life imprisonment. A fine may also be imposed. The offence is cognizable (police can arrest without a warrant), non-bailable, and non-compoundable—meaning the parties cannot simply settle the matter privately to drop the charges. Courts, however, do consider the strength of the evidence at each stage.
Jurisdiction — Where to File the Case
The FIR is registered at the police station having territorial jurisdiction over the place where the alleged offence occurred—usually the woman’s residence or the place of the incident. In Indore, a Mahila Thana typically handles such matters. The case is triable by a Court of Sessions. Once the chargesheet is filed, the Sessions Judge takes cognizance. If the accused seeks anticipatory bail, it moves to the Sessions Court or the High Court, depending on the severity and urgency.
What if Police Refuse to File FIR?
If the police refuse to register the FIR despite a complaint, the victim has remedies:
- Approach the Superintendent of Police (SP) with a written complaint under Section 173(4) BNSS.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS, who can direct investigation.
- As a last resort, move the High Court under its writ jurisdiction to compel the registration of an FIR.
But note: in false promise cases, the refusal to file an FIR is less common because police often register it readily on the woman’s statement.
Rights of the Accused
- Right against self-incrimination under Article 20(3) of the Constitution—you cannot be compelled to be a witness against yourself.
- Right to legal representation under Article 22; a lawyer must be present during interrogation.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest immediately.
- Right to remain silent—you are not obliged to answer all questions, especially if they may incriminate you.
Bail Provisions
Rape is non-bailable, but bail can be granted by the court. Anticipatory bail under Section 482 BNSS is the first shield. If the court is satisfied that the accusation is frivolous or the FIR is malafide, it grants pre-arrest protection. For regular bail after arrest, Section 480 and 483 BNSS come into play. Courts typically impose conditions: surrender of passport, not tampering with evidence, not contacting the complainant, and regular attendance. Advocate Sudhir Rao’s chamber usually argues that the relationship was consensual and the FIR is an abuse of process—this often sways the court in favour of bail early on.
Quashing of FIR / Case
The High Court can quash criminal proceedings under Section 528 BNSS to prevent abuse of the court’s process. In false promise cases, if the court is convinced that no prima facie offence is made out—because the promise was not false from inception, or the relationship was clearly casual—quashing is the most efficient remedy. It ends the matter without a trial. After quashing, the stigma of prosecution is lifted. This route is particularly viable when the FIR was filed belatedly and the evidence of deception is absent.
If You Are the Victim
- Go to the nearest police station immediately. Delaying can weaken your case.
- Preserve all digital evidence: chats, call logs, photos, voice notes.
- Get a medical examination done as early as possible—this is critical.
- Do not speak to the accused alone after filing the complaint. Let the police handle communication.
- Engage a lawyer who handles such sensitive matters regularly; the process is emotionally draining but having a steady legal hand helps.
Documents You Must Keep Ready
- Aadhaar card or PAN for identity proof.
- Chat screenshots and email exchanges with time stamps.
- Call detail records and call recordings (legally obtained).
- Photographs or videos from the time of the relationship.
- Medical records or examination reports, if any.
- Witness details—names, addresses, and contact information of friends who knew about the relationship.
- Any physical evidence like gifts, cards, letters exchanged.
What Evidence Is Required?
- Communication records: WhatsApp, SMS, Instagram DMs showing the nature of the relationship.
- Call logs and location data to establish timelines.
- Statements under Section 161 BNSS of mutual friends who can attest to the casual character of the relationship.
- Digital metadata proving when conversations occurred—no fabrication.
- Medical evidence if the complaint alleges force or injury.
- Behavioural evidence: sudden hostility, demands for money, or other motives behind the complaint.
- Secondary evidence like screenshots is admissible if the original device is produced.
How the Police Behave in Such Cases
In most states, the police act swiftly on a woman’s complaint of rape—especially when marriage is invoked. They may arrest first and investigate later. The accused is often presumed guilty in the initial hours. If there’s political or media pressure, the investigation can become one-sided. This is why anticipatory bail is so vital. A calm, documented approach with an experienced advocate changes the entire dynamic. The police also have a duty to investigate fairly under Section 173 BNSS, and any lapses can be pointed out later in court.
Timeline of Legal Process
- FIR registration: immediately upon complaint (within days).
- Investigation and collection of evidence: 60 to 90 days, extendable.
- Chargesheet filing: ideally within 90 days from arrest; if not, the accused gets default bail.
- Cognizance and framing of charges: 2-4 weeks after chargesheet.
- Trial: examination of prosecution witnesses, cross-examination, defence evidence. May take 6-18 months.
- Judgment: typically pronounced within a few weeks of concluding arguments.
- Appeal: if convicted, the High Court within limitation period.
How Long Will the Investigation Take?
Investigation in sexual offence cases is supposed to be completed within two months from the date of recording information, but extensions are common. Realistically, chargesheet filing can take 60 to 90 days. If the police fail to file within 90 days where the punishment exceeds 10 years, the accused is entitled to default bail under Section 187 BNSS. That’s a procedural safeguard many miss.
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?
Rape is non-compoundable, so the parties cannot simply compromise and walk away. However, in false promise cases, if the court is convinced that the FIR was an abuse of process or the relationship was genuinely consensual, a joint petition under Section 528 BNSS for quashing on the basis of settlement may be considered by the High Court—though it’s not a matter of right. Mediation or conciliation can help reduce acrimony, but it won’t automatically end the criminal case. Settlement works better in cases where the allegations are demonstrably weak.
Common Mistakes People Make
- Delaying legal advice. Waiting even a day can lead to custodial interrogation that could have been prevented.
- Deleting chats or call logs—this looks like destruction of evidence and harms credibility.
- Speaking to the complainant directly after the FIR is lodged; every word can be recorded and used.
- Posting about the case on social media—this can lead to a gag order or contempt issues.
- Assuming that because the relationship was consensual, no legal problem exists. The law treats false promise differently.
- Engaging a lawyer who does not regularly handle sexual offence cases. Domain-specific experience is crucial here: knowing what a Sessions Judge looks for, how to structure a bail plea, and which documents to annex in a quashing petition can make the difference between an FIR that sticks and one that’s wiped clean. A generalist may overlook these finer points.
FAQs People Normally Have
Can a woman be charged for false FIR? Yes, under Section 248 BNS, if it’s proven that she knowingly gave false information with intent to cause harm. But this is rare and requires separate proceedings.
What if the man really intended to marry but later the families couldn’t agree? That’s not a false promise; it’s a broken engagement. Courts have repeatedly held such cases do not constitute rape. The intention at the time of making the promise is key.
Does paying a settlement amount to the woman close the case? No. Since rape is non-compoundable, a monetary settlement cannot automatically close the FIR. Quashing requires satisfying the High Court that the continuation of proceedings is an abuse of process.
How long does quashing take? If the papers are solid, a few months. The High Court may list it for early hearing and dispose quickly if a prima facie case isn’t there.
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 lawyer 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.