Refusing to marry a partner after establishing physical relations on the promise of marriage can attract criminal charges under Section 69 of the Bharatiya Nyaya Sanhita, the Delhi High Court has ruled, with punishment extending up to 10 years in prison.
Justice Swarana Kanta Sharma held that citing horoscope or kundali mismatch as grounds for refusing marriage — after repeatedly assuring a partner that no such impediment existed — does not shield an accused from criminal liability. The court drew a distinction between a promise that fails in good faith and one made from the outset to obtain consent through deception.
“There can be no quarrel with the proposition that criminal law cannot be invoked merely because a relationship fails or marriage does not materialise. However, the present case, at this stage, stands on a different footing,” the court stated.
The ruling came as the court denied bail to Jayant Vats, in judicial custody since January 4, 2026, who faced charges under Section 376 of the IPC and Section 69 of the BNS. The complainant alleged that Vats had assured her their horoscopes matched and had introduced her to his family as his prospective spouse over the course of an eight-year relationship. She had withdrawn an earlier complaint in November 2025 after his family renewed promises of marriage, only for Vats to refuse again, citing kundali mismatch.
The court held that if horoscope compatibility was a condition for marriage, the accused should have resolved it before entering into physical relations.
The court clarified its observations apply only to the bail application and will not bear on the trial.
What Is Section 69 of the Bharatiya Nyaya Sanhita and What Does It Say?
Section 69 of the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code in 2023, criminalises sexual intercourse obtained through deceitful means. It specifically targets cases where a man induces a woman to consent to physical relations through false promises, fraudulent representations, or deception — including a false promise of marriage.
What the Law Covers
The section holds a man criminally liable if he establishes physical relations with a woman by:
- Making a promise of marriage with no intention of fulfilling it
- Concealing his identity or misrepresenting facts to obtain consent
- Using any other form of deceit to induce consent
The law draws a line between a promise made in good faith that later fails due to circumstances, and a promise made from the beginning with the intent to deceive. Only the latter attracts criminal liability.
Punishment
A conviction under Section 69 carries a prison term of up to 10 years, along with a fine. Courts treat the provision as distinct from rape under Section 63 of the BNS, though both can apply simultaneously depending on the facts of a case.
How It Differs From Rape
Section 63 of the BNS defines rape and addresses physical acts carried out without consent or through force. Section 69 addresses a narrower situation — where consent exists on record but was obtained through fraud or false assurance. Courts have held that consent obtained through deception does not constitute free or valid consent under law.
What Courts Look For
Refusing Marriage After Physical Relations on False Promise Can Draw 10-Year Jail Term, Rules Delhi HC
March 19, 2026
Refusing to marry a partner after establishing physical relations on the promise of marriage can attract criminal charges under Section 69 of the Bharatiya Nyaya Sanhita, the Delhi High Court has ruled, with punishment extending up to 10 years in prison.
Justice Swarana Kanta Sharma held that citing horoscope or kundali mismatch as grounds for refusing marriage — after repeatedly assuring a partner that no such impediment existed — does not shield an accused from criminal liability.
The ruling came as the court denied bail to Jayant Vats, in judicial custody since January 4, 2026, who faced charges under Section 376 of the IPC and Section 69 of the BNS. The complainant alleged that Vats had assured her their horoscopes matched and had introduced her to his family as his prospective spouse over the course of an eight-year relationship. She withdrew an earlier complaint in November 2025 after his family renewed promises of marriage, only for Vats to refuse again, citing kundali mismatch.
The court held that if horoscope compatibility formed a condition for marriage, the accused should have resolved it before entering into physical relations.
“There can be no quarrel with the proposition that criminal law cannot be invoked merely because a relationship fails or marriage does not materialise. However, the present case, at this stage, stands on a different footing,” the court stated.
What Is Section 69 of the BNS?
Section 69 of the Bharatiya Nyaya Sanhita, which replaced the Indian Penal Code in 2023, criminalises sexual intercourse obtained through deceitful means. It holds a man liable if he induces a woman to consent to physical relations by making a promise of marriage with no intention of fulfilling it, concealing his identity, or using any form of deception to obtain consent.
The law targets cases where consent exists on record but was obtained through fraud. Courts have held that consent obtained through deception does not constitute free or valid consent under law.
How It Differs From Rape
Section 63 of the BNS defines rape and addresses physical acts carried out without consent or through force. Section 69 addresses a narrower situation — where a man uses a false promise to obtain consent. Courts can apply both sections simultaneously depending on the facts of a case.
What Courts Examine
Courts apply a two-part test under Section 69. They first determine whether a promise of marriage existed at the time physical relations were established. They then assess whether the accused held genuine intent to marry at the time of making the promise, or whether the promise served only as a means to obtain consent.
The distinction matters. A promise made in good faith that later fails due to circumstances does not attract criminal liability. A promise made from the outset to deceive does.
Punishment
A conviction under Section 69 carries a prison term of up to 10 years along with a fine, making it among the provisions in the BNS that courts treat with the same seriousness as offences involving physical force.
The court clarified its observations apply only to the bail application and will not bear on the trial.
The Delhi High Court reinforced this standard in its February 2026 ruling, holding that a man who repeatedly assured a woman that their horoscopes matched — and later refused marriage citing kundali mismatch — raised a prima facie question about the genuineness of his promise from the outset.
Why the Law Matters
Section 69 addresses a pattern that Indian courts have encountered with growing frequency — long relationships built on sustained promises of marriage that the accused never intended to honour. The provision gives courts a legal basis to hold such conduct criminal even when no physical force was used, recognising that consent obtained through sustained deception causes harm equivalent to coercion.
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