This article is published by The Legal Warning India and written by Advocate Uday Singh.

Promise to Marry and Consent – When Does It Become a Crime Under Indian Law?

Introduction: Why Promise-to-Marry Cases Flood Indian Courts

Criminal courts across India are witnessing a growing number of cases where consensual relationships later turn into criminal prosecutions on the allegation that consent was obtained on a promise of marriage. These cases often result in registration of FIRs alleging rape, cheating, or criminal breach of trust.

The core legal question in such matters is not emotional betrayal, but whether the promise of marriage was false from the very inception. Indian courts have repeatedly clarified that a failed relationship cannot automatically be criminalised.

This article provides a detailed legal analysis of how courts distinguish between a genuine relationship and a criminal offence.

Legal Meaning of Consent in Promise-to-Marry Cases

Consent under Indian criminal law must be voluntary, informed, and free from deception. However, courts have clarified that consent does not become invalid merely because expectations were not fulfilled later.

If two adults willingly entered into a relationship with the intention of exploring marriage, but circumstances later changed, the law does not treat such conduct as criminal.

This principle is also discussed in detail in our analysis of

consensual relationships and non-marriage
,
where courts rejected automatic criminal liability.

False Promise vs Breach of Promise – A Critical Legal Distinction

Indian courts draw a sharp distinction between:

• False promise: A promise made with no intention of fulfilment from the start
• Breach of promise: A genuine promise that could not be fulfilled due to later circumstances

Only the first category attracts criminal consequences. Mere breach of promise, even if emotionally harmful, remains within the domain of civil or personal disputes.

Judicial Tests Applied by Courts

Courts apply multiple factual tests, including:

• Duration of the relationship
• Conduct of parties during the relationship
• Delay in lodging the FIR
• Existence of voluntary communication
• Absence of coercion or force

Where these factors indicate mutual consent, courts have refused to permit prosecution.

Use and Misuse of Rape Provisions

Courts have repeatedly warned that rape provisions must not be misused as instruments of vengeance or pressure after relationship breakdowns. Criminal law exists to punish real crimes, not failed personal relationships.

This reasoning is aligned with judicial observations discussed in our article on

false rape FIRs after consensual relationships
.

When Can Criminal Liability Actually Arise?

Criminal liability may arise only if:

• Marriage promise was knowingly false
• Consent was obtained by deception
• The accused never intended to marry
• Evidence supports dishonest intent from inception

Without these elements, prosecution is unsustainable.

Role of High Courts in Preventing Abuse of Process

High Courts regularly exercise inherent jurisdiction to quash FIRs where allegations do not disclose criminal intent. This ensures protection of personal liberty and prevents harassment through criminal proceedings.

Conclusion: Law Protects Consent, Not Emotional Expectations

Indian criminal law does not punish adults for entering consensual relationships that later fail. Promise to marry becomes a crime only when deception is proved from the outset. Courts continue to guard against misuse of serious criminal provisions.