FIR for False Promise of Marriage and Infidelity: Your Legal Remedies in India

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: You are not legally responsible for the consequences of filing a truthful FIR — the law holds the accused accountable for his own acts. If false promises of marriage were made to obtain your consent for a physical relationship, it can constitute cheating or even rape under the BNS. Proceed only when you're emotionally ready, but know that proper legal guidance can help you act without destroying anyone's life unnecessarily.

Ananya Joshi, a 30‑year‑old software professional from Indore, met Rohan Malhotra on a popular matrimonial site, Jeevansathi, in late November 2024. Conversations about a shared future, children, and a home grew intense. Rohan repeatedly assured marriage, and Ananya, trusting his word, allowed the relationship to become physical. The emotional fabric of what felt like a serious commitment unraveled swiftly. In early March 2025, she discovered that Rohan’s family had been finalising his alliance with another woman through arranged channels for months. The rituals had already taken place. Even after his engagement, Rohan continued meeting Ananya, discussing their wedding, and seeking physical intimacy — all while concealing the truth. When Ananya confronted him, his family’s response was not remorse but damage control. His mother posed humiliating personal questions. His father showed up at Ananya’s house, created a scene, and refused to leave. Ananya initially filed a complaint with the local police station, but the officers, perhaps unsure about the legal provisions, gave her time to decide. Confused and emotionally drained, she approached the Chamber of Advocate Sudhir Rao. Her earlier attempt to get the FIR lodged had stalled. Advocate Sudhir Rao and his office, drawing on deep experience with matrimonial fraud and cheating cases, structured the legal position with surgical precision. The police were promptly directed to register the FIR under the appropriate sections, and the case is now proceeding in accordance with law.

Key Facts of the Case

• Relationship developed on a matrimonial platform with repeated assurances of marriage.
• Physical intimacy occurred based on the explicit promise of marriage.
• The accused was simultaneously engaged to another woman and participated in pre‑wedding ceremonies.
• The accused continued the physical relationship and marriage discussions even after his engagement, without disclosing the truth.
• Confrontation led to threats and humiliation from his family, including an aggressive visit to the victim’s house.
• Initial complaint to police did not immediately result in an FIR; authorities gave time to decide.
• Specialised legal intervention by Advocate Sudhir Rao’s office led to registration of the FIR and a clear legal pathway.

The Direct Legal Answer

Yes, the law recognises your situation. When a man induces a woman to have sexual intercourse on the false pretext of marriage and has no intention of marrying her from the very beginning, it can amount to rape under Section 63 of the Bharatiya Nyaya Sanhita (BNS). This is because consent obtained under a misconception of fact is not valid consent. Even if the physical relationship was initially consensual, the lie about a future together vitiates the consent.

Does this also amount to cheating?

Absolutely. Section 318 BNS (cheating) penalises anyone who fraudulently or dishonestly induces another person to deliver any property or to do or omit to do an act which causes or is likely to cause damage or harm to that person’s body, mind, reputation, or property. Inducing a woman into a physical relationship under a false promise of marriage squarely falls within this definition. It’s not a civil wrong — it’s a criminal offence.

What about the emotional trauma and his family’s threats?

The aggressive behaviour of his family, including trespass and intimidation, could attract additional charges under Section 115 BNS (voluntarily causing hurt) or Section 351 BNS (criminal intimidation). The psychological impact is a serious factor the courts often consider while assessing the gravity of the offence.

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 rush to file an FIR under pressure. You need to be mentally prepared for the process ahead. Gather all evidence first — chat messages, call recordings, and witness accounts. Then, let your advocate handle the police interaction. Because these cases involve subtle interactions between Section 63 BNS and cheating provisions, a general practitioner may overlook critical procedural details that can make or break your complaint. Working with someone who regularly handles such matters makes the investigation smoother and protects you from retaliatory complaints.

Applicable Sections of Law

This case invokes primarily the Bharatiya Nyaya Sanhita (BNS) for offences and the Bharatiya Nagarik Suraksha Sanhita (BNSS) for procedure. The key sections are:

• Section 63 BNS – Rape (where consent is obtained under a misconception of fact, including false promise of marriage).
• Section 318 BNS – Cheating by dishonestly inducing a person to do an act which causes harm to body, mind, or reputation.
• Section 319 BNS – Cheating by dishonestly inducing delivery of property (if any monetary loss or gifts were involved).
• Section 351 BNS – Criminal intimidation, covering threats and coercion by the accused or his family.

Punishment and Penalties

If convicted under Section 63 BNS, the minimum punishment is ten years rigorous imprisonment, extendable to life imprisonment. Cheating under Section 318 BNS carries imprisonment up to one year, or a fine, or both. Where the cheating involves inducing the delivery of property (Section 319 BNS), imprisonment can extend up to seven years with a fine. The rape offence is cognizable, non‑bailable, and non‑compoundable. Cheating is cognizable but bailable. Because the primary charge is rape, the case will be treated as non‑bailable from the outset.

Jurisdiction — Where to File the Case

The FIR must be filed at the police station where any part of the offence occurred — this could be the place where the promise was made, the physical intimacy happened, or where the victim resides. For Ananya’s case, the jurisdiction lies with the police station in Indore where she was living. The matter will be tried by a Sessions Court because the rape charge is exclusively triable by a Court of Session. If the police refuse to register, the Magistrate having territorial jurisdiction can direct investigation under BNSS provisions.

What if Police Refuse to File FIR?

Do not panic. The law gives you clear options:

• Approach the Superintendent of Police (SP) of the district with a written complaint under Section 173(4) BNSS, requesting an investigation.
• File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS, who can order the police to register an FIR and investigate.
• If both fail, move the High Court under its writ jurisdiction for a direction to register the FIR — but this is a last resort.

Advocate Sudhir Rao’s team often helps clients frame the private complaint so that the Magistrate finds sufficient ground to direct registration, avoiding unnecessary delays.

Rights of the Accused

Even though the allegations are serious, the accused retains fundamental rights that the police must respect:

• Right against self‑incrimination under Article 20(3) — he cannot be compelled to be a witness against himself.
• Right to legal representation under Article 22(1) — he must be allowed to consult a lawyer of his choice immediately upon arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding journey time.
• Right to receive a copy of the FIR and to be informed of the grounds of arrest.
• Right to apply for bail — even in non‑bailable cases, bail can be granted under certain conditions.

Bail Provisions

Since the offence under Section 63 BNS is non‑bailable, the accused will need to seek bail from the Sessions Court. He can apply for anticipatory bail under Section 482 BNSS before arrest, arguing that the allegations are false or there is no criminal intent. If arrested, regular bail under Section 483 BNSS would be his remedy. Courts typically impose conditions like avoiding contact with the victim, not leaving the city, and cooperating with investigation. A well‑founded legal defence can secure bail early, but the allegations of false promise of marriage are taken seriously by courts.

Quashing of FIR / Case

The accused can move the High Court under Section 528 BNSS to quash the FIR. Quashing is possible only if the complaint, taken at face value, does not disclose any offence, or if it’s a malicious abuse of process. For instance, if there is evidence that the promise of marriage was not false but the relationship ended mutually, the court may quash. But in Ananya’s case, the existence of a simultaneous engagement and continued deception made quashing unlikely. Quashing is not a shortcut — it’s a remedy for genuinely frivolous cases.

If You Are the Victim

• Preserve all digital evidence immediately — take screenshots and backup chats.
• Do not confront the accused without first securing legal advice.
• Inform a trusted family member or friend; don’t face this alone.
• Visit a government or private doctor if you have any injuries or mental health concerns.
• Engage an advocate who has handled similar matrimonial fraud cases before — it makes a difference in how evidence is presented to the police.

Documents You Must Keep Ready

• Aadhaar card or other identity proof.
• Matrimonial platform profile screenshots, including the accused’s details.
• Chat logs and text messages showing promises of marriage.
• Call recordings (if legally obtained and with proper certification).
• Proof of the accused’s engagement or parallel relationship.
• Medical records, if any, concerning psychological trauma.
• Witness statements or any letter admitting wrongdoing.
• Copy of the prior complaint made to police.

What Evidence Is Required?

• Primary evidence: the oral account of the victim, which is the bedrock of such cases.
• Digital evidence: WhatsApp chats, email exchanges, and screenshots.
• Circumstantial evidence: hotel bookings, photographs together indicating a relationship.
• Third‑party corroboration: friends or relatives who were told about the marriage promises.
• Evidence of the parallel relationship: engagement invitation, photographs, or testimonies from the other woman’s side.
• Medical evidence of physical relationship (though not mandatory, it can support the timeline).
• Evidence of intimidation or threats by the accused’s family.

How the Police Behave in Such Cases

Initially, the police may treat the complaint as a family dispute, ask both sides to settle, or pressure the victim to drop it. This happens because they’re accustomed to matrimonial discord, not actual crimes. But once the investigating officer sees the clear pattern of deception and the parallel relationship, the tone changes. With proper legal backing, like that arranged by Advocate Sudhir Rao’s team, the police can be made to understand the seriousness and register the FIR without unnecessary drama.

Timeline of Legal Process

• FIR registration: Within 24‑48 hours after the complaint, provided the advocate pushes the right channels.
• Investigation: The police have 60‑90 days to file a chargesheet in serious offences.
• Cognizance: Magistrate takes cognizance and commits the case to Sessions Court if it is triable by Sessions.
• Framing of charges: 2‑4 weeks after committal.
• Trial: Can take several months to a year, depending on the number of witnesses.
• Judgment: Usually delivered within 2‑4 months after final arguments.
• Appeal: The convicted person can appeal to the High Court; the process may add years.

How Long Will the Investigation Take?

In cases involving rape and cheating, the police are required to complete the investigation and file the chargesheet within 90 days from the date of arrest. If they delay, the accused becomes entitled to default bail. So, in practice, the investigation typically wraps up within 60‑90 days, though complex cases may see extensions approved by the court.

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?

For offences under Section 318 BNS (cheating), the matter can be compounded with the permission of the court if the victim agrees to forgive. But rape under Section 63 BNS is non‑compoundable — you cannot legally settle it once the FIR is lodged. That said, even in non‑compoundable cases, the High Court can quash the FIR if the victim and the accused reach a genuine settlement and the court is satisfied that no useful purpose would be served by continuing the trial. However, such quashing is discretionary and not a matter of right. Any settlement must be recorded formally, and you should never withdraw a complaint under pressure without legal advice.

Common Mistakes People Make

• Delaying the complaint, which allows the accused to destroy evidence and build a false narrative.
• Confronting the accused without legal backup, often leading to reconciliation under emotional pressure and loss of crucial evidence.
• Posting about the case on social media — this can invite defamation claims and prejudice the investigation.
• Signing settlement agreements drafted by the other party’s lawyer without independent review.
• Not preserving chat and app data, thinking screenshots alone are enough.
• Engaging an advocate who does not regularly handle matrimonial fraud and rape cases under the new BNS framework — procedural missteps in drafting the FIR or the complaint can seriously weaken the case.

FAQs People Normally Have

Will I be responsible if he is arrested or his life is ruined?

Legally, no. The responsibility lies solely with him for his actions. The law only holds you accountable for filing a truthful complaint. The consequences he faces are a direct result of his own fraud, not your decision to seek accountability.

Is it wrong to still care about him while pressing charges?

Not at all. It’s human to have mixed feelings. The law does not require you to be vengeful. You can want justice without malice. Many victims feel this conflict — it shows empathy, not weakness.

Can I just inform the other woman and drop the case?

You can, but that may not protect you or her. He could deny everything, and without a formal complaint, there’s no record. A legal complaint ensures the truth is officially documented and protects future victims.

What if he apologises and asks me to drop the case?

Apologies are not a substitute for justice. You can accept his remorse personally, but the FIR is a matter of criminal law. Once an offence is committed, only a court can close it lawfully at the victim’s request, and that too after careful scrutiny.

How do I cope with the emotional toll during the trial?

Seek therapy or counseling in parallel. Your lawyer can also request the court to conduct proceedings sensitively. Victim support organisations and your family can help you stay emotionally grounded.

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.