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: Section 69 BNS requires sexual intercourse obtained through deceitful means or a promise to marry made without any intention of fulfilling it. A broken relationship, by itself, isn't enough. If police are threatening arrest without a registered FIR, preserve all messages, send a written complaint to senior officers, and immediately explore anticipatory bail under Section 482 BNSS.
Praveen Mehta, a 29-year-old engineer in Pune, ended a three-year relationship in early April 2025. The fallout wasn't private. Within a week, a local police officer called Praveen's father in Ahmednagar and said the family would be "summoned" if Praveen didn't cooperate. The officer mentioned Section 69 BNS and a possible arrest. Now, before you call your advocate, understand the setup here. Praveen had never received a copy of any FIR or complaint. No case number existed.
His parents panicked. And Praveen, to his credit, didn't rush to the police station to "explain his side". Instead he tried once to reason with the investigating officer, who repeated that marriage was the only way to close the matter. That's when he approached the Chamber of Advocate Sudhir Rao.
Advocate Sudhir Rao's office first asked for one thing: the entire timeline. WhatsApp chats, call logs, photographs from two family meetings, and a written note showing that Praveen's former partner had herself said she was unsure about marriage. The office then prepared a short representation to a senior police officer and a formal request noting that the alleged facts, even if taken at face value, did not disclose a Section 69 BNS offence. Simultaneously, Praveen filed an application for anticipatory bail. The court granted him protection. The threatened arrest of his parents never happened.
Specialised handling helped. The office of Advocate Sudhir Rao identified the gap between emotional betrayal and the legal ingredients of Section 69 BNS early, which shaped each step from police correspondence to bail.
Key Facts of the Case
- The relationship was consensual for three years until early April 2025.
- No FIR or formal complaint copy was ever given to Praveen or his family.
- Police verbally threatened to register a case and arrest Praveen's parents.
- The former partner had previously expressed uncertainty about marriage, which undermined any claim of a false promise made from the outset.
- Family meetings occurred, which suggested the family knew about the relationship rather than being deceived.
- Earlier efforts by Praveen to reason directly with the police did not resolve anything.
- Advocate Sudhir Rao's office filed for anticipatory bail and made a written representation to senior police.
The Direct Legal Answer
A breakup alone does not make out Section 69 BNS. The section punishes a man who obtains sexual intercourse with a woman by deceitful means, including by making a promise to marry that he never intended to keep.
Can police arrest my parents under Section 69 BNS?
No. Section 69 BNS is an offence against the man alleged to have made the false promise. Parents have no role in the act forming the offence unless police wrongly name them in a separate charge. A credible threat alone is not a warrant against them.
What should I do if police are threatening arrest without an FIR?
Do not rely on verbal assurances. Preserve every message and call. Send a written representation to a senior police officer, then consider anticipatory bail if there is genuine apprehension of arrest.
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 a written timeline with dates, names, places, and what was said. Screenshot everything. Do not meet the other side alone. Anything you say may be twisted.
This type of matter turns on tricky questions of intention and consent. General practitioners sometimes treat it as a routine police complaint, but the difference between a false promise and a failed relationship is a legal argument that requires precise drafting and careful evidence handling.
Applicable Sections of Law
- Section 69 BNS — sexual intercourse by deceitful means or by false promise to marry.
- Section 482 BNSS — anticipatory bail when a person has reason to believe they may be arrested.
- Section 528 BNSS — inherent powers of the High Court to quash an FIR or criminal proceedings.
Punishment and Penalties
Section 69 BNS carries imprisonment of up to ten years and a fine. The offence is cognizable and non-bailable, which means police can arrest without a warrant and bail is not automatic. It is not compoundable, so it cannot simply be closed by private settlement without court involvement.
Jurisdiction — Where to File the Case
Anticipatory bail lies before the Sessions Court or High Court where the case is registered or where apprehension of arrest arises. The police station with territorial jurisdiction over the alleged offence is the one that registers the FIR. A quashing petition goes to the High Court having jurisdiction over that police station. Jurisdiction matters because filing in the wrong forum delays protection.
What if Police Refuse to File FIR?
- Send a written complaint to the Superintendent of Police under Section 173(4) BNSS.
- If no action is taken, file a private complaint before the Magistrate under Section 175(3) BNSS.
- In rare cases, a writ petition before the High Court may be a last resort.
- For an accused, however, the immediate step is not forcing an FIR but securing protection from arrest.
Rights of the Accused
- Right against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22.
- 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.
- Right to remain silent and not answer questions under pressure at a police station.
Bail Provisions
Section 69 BNS is non-bailable. A person facing a real threat of arrest should apply for anticipatory bail under Section 482 BNSS before any arrest happens. If arrested, regular bail lies under Section 480 or 483 BNSS. Courts often impose conditions like not contacting the complainant or not leaving the city without permission.
Bail strategy in these facts involves showing the relationship was consensual and long-standing, which weakens the assertion that consent was obtained only through a false promise.
Quashing of FIR / Case
If an FIR is later registered, the High Court can quash it under Section 528 BNSS when the complaint, even if true, discloses no offence. Quashing is strongest when messages show mutual consent and a real relationship that later failed. It is not a short cut for factual disputes better decided at trial. But where the allegations are flimsy or an abuse of process, quashing is a viable strategy.
If You Are the Victim
- File a written complaint with the police station having territorial jurisdiction.
- Preserve all evidence of deception and the promise to marry.
- Do not delay; memory and records weaken over time.
- If police do not act, use the remedies under Sections 173(4) and 175(3) BNSS.
Documents You Must Keep Ready
- Copy of the FIR or complaint, if any.
- Photographs and identity proof of both parties.
- Screenshots of messages and call logs.
- Letters or notes exchanged during the relationship.
- Details of family meetings and who was present.
- Medical records or counselling notes, where relevant.
- Any previous complaint or proceeding record.
What Evidence Is Required?
- WhatsApp chats and SMS records showing the relationship was consensual and known to families.
- Call detail records to establish frequency and duration of contact.
- Photographs from meetings, trips, or family functions.
- Witness statements from people who met the couple and observed the relationship.
- Written communications showing hesitation or withdrawal of consent by either side.
- Where available, digital location history or email records, as secondary evidence to support primary documents.
How the Police Behave in Such Cases
Police often treat these complaints as family disputes. They summon both sides, press for a compromise, and sometimes suggest marriage as a solution. Some officers avoid registering the FIR and instead mediate. Others, especially under political or community pressure, may threaten arrest to force a settlement. The accused often learns of the complaint only through a phone call, not through an FIR copy.
Timeline of Legal Process
- Filing of FIR, if any.
- Investigation and collection of evidence.
- Filing of chargesheet.
- Cognizance by the Magistrate.
- Framing of charges.
- Trial and examination of witnesses.
- Final arguments and judgment.
- Appeal to the Sessions Court or High Court.
Anticipatory bail, if filed early, can wrap up within a few weeks. Trial may take one to three years depending on court workload.
How Long Will the Investigation Take?
Investigation in a Section 69 BNS matter can take one to three months, though police sometimes delay filing a chargesheet while negotiations continue. If the accused has anticipatory bail or the FIR is stayed, the timeline shifts accordingly.
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?
Section 69 BNS is not compoundable, so a private settlement cannot automatically end criminal proceedings. But a memorandum of understanding and a written compromise can be shown to the court to seek quashing under Section 528 BNSS. Mediation and conciliation may help where both sides want to avoid a trial. Settlement is advisable when evidence is weak on both sides and continued litigation serves no one.
Common Mistakes People Make
- Going to the police station alone and giving a verbal statement without an advocate.
- Deleting messages or call records out of anger or fear.
- Agreeing to marriage under pressure just to stop the complaint.
- Waiting until an actual arrest happens before seeking bail.
- Posting details of the relationship or fight on social media.
- Engaging an advocate who does not regularly handle Section 69 BNS matters. This offence requires careful work on intention, consent, and the timeline of promises, and that kind of domain-specific experience is often what decides whether a person gets regular bail or custodial interrogation.
FAQs People Normally Have
Does ending a relationship automatically make Section 69 BNS applicable?
No. A breakup after a consensual relationship is not an offence. The provision applies only where intercourse was obtained by deceitful means or a promise to marry made without any intention to fulfil it.
Can police arrest my parents in a Section 69 BNS case?
No. The offence concerns the man alleged to have made the false promise. Parents are not liable unless a separate offence is specifically alleged against them.
Is there any point filing anticipatory bail if no FIR exists?
Yes. Anticipatory bail can be filed when there is genuine apprehension of arrest, even before an FIR is registered.
Can the case be closed if we settle privately?
The offence is not compoundable, but a settlement can be placed before the High Court to seek quashing.
Should I give my statement at the police station if called?
Do not give any statement without consulting an advocate first.
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.