India's New Law: Prison Sentence For Deceptive Promises Of Marriage

Men who deceitfully break promises of marriage after engaging in sexual relations could now face up to 10 years in prison, as India introduces a new law targeting this often-overlooked form of sexual abuse. However, the law has sparked debate over its application, potential to protect women from exploitation, and the risk of criminalizing break-ups.

In July, Prime Minister Narendra Modi’s government replaced India’s 164-year-old colonial-era penal code with a new criminal code. Section 69 of this statute criminalizes having sex with a woman by making a false promise of marriage or through deceitful means, such as pretending to offer career advancement or using a fake identity. The offense carries a penalty of up to 10 years' imprisonment and a fine.

While the law is new, the issue is not—many women have previously taken men to court for luring them into sexual relationships with false promises of marriage. Indian society remains largely conservative, with strong emphasis on female virginity and complex dowry negotiations, making premarital and extramarital sex taboo. These factors can complicate a woman’s prospects of marriage if any suggestion of impropriety arises.

Audrey Dmello, director of the women’s rights NGO Majlis Law, supports the new law, arguing that "promise to marry" cases have been underreported and needed legislative intervention. "Having such a law gives women validity as to what happened to them," she told CNN.

Under the old penal code, courts sometimes ruled that sex under false pretenses was not consensual, leading to rape convictions. However, rulings on "promise to marry" cases have been inconsistent, a problem the new law aims to resolve.

In 2019, the Supreme Court dealt with a case where a woman alleged rape after a long-term relationship ended due to caste differences. The court acquitted the man, ruling that a broken promise is different from a false promise made with no intention of marriage. The woman had continued the relationship despite knowing obstacles to marriage existed.

Conversely, in another 2019 case, the Supreme Court upheld a rape conviction for a man who broke his promise to marry after engaging in a sexual relationship, sentencing him to 10 years in prison and a fine of 50,000 rupees (about $600).

These divergent rulings highlight the confusion even among judges, says Tanvir Siddiki, a legal advocate in Varanasi. "You can see that one court is saying one thing, and the Supreme Court of India is saying another on the very issue of ‘promise of marriage,’” he said.

The new law separates "promise to marry" cases from rape, but some legal experts argue that the law’s parameters remain vague. Proving deceit and the intent to marry in court could be challenging, warns Gopal Krishna, a legal advocate and coordinator for the women's NGO Guria India. 

The law has also shifted the burden of proof onto the victim, which raises concerns among experts. Under the previous code, medical exams were required in rape cases, including those involving "promise to marry," but this is no longer necessary under the new classification.

Skepticism over the law’s relevance is growing among younger Indians, who point out that attitudes toward dating and premarital sex are changing, especially in urban and middle-class communities. “We’re living in a time where people are becoming modern and choosing to stay in relationships without wanting to get married,” says 21-year-old Durjoy Biswas from Kolkata.

Delhi resident Vanshika Bhattad, 19, questioned the law's role in consensual sex between two adults. “Even if the guy is lying about marriage, having sexual intercourse involves the consent of both parties. The emphasis should be on consent,” he said.

Despite concerns, Dmello argues that the law empowers women and places them on equal footing with men. “In our society, we always tell women to do this and that—don’t go out at night, don’t wear such clothes,” she said. “The tables have turned now.”