Bombay HC Discharges Man Accused of Rape on Promise of Marriage, Citing “Breach, Not Deceit”

Mumbai: The Nagpur bench of the Bombay High Court on Friday ruled that a man cannot be charged with rape for reneging on his promise to marry a woman, as his family did not approve of the relationship. Justice M W Chandwani emphasized the distinction between a genuine breach of promise and the use of false promises to establish physical relations.

The case involved a 31-year-old man accused of raping a 33-year-old woman who claimed they were in a relationship since 2016, alleging that he had engaged in physical relations under the promise of marriage. The accused contended that he genuinely intended to marry her, but due to familial disapproval and the woman’s subsequent decision to marry someone else, he got engaged to another woman.

The court observed that the complainant, a mature adult, did not provide evidence that the man’s promise was false from the outset. It concluded that the situation constituted a case of non-fulfillment due to unforeseen circumstances, rather than a deliberate false promise for physical relations.

Highlighting the lack of material indicating the man’s initial intention to deceive, the court stated that his decision to break the promise due to familial disagreement did not amount to rape.