The Gujarat High Court refused to quash an FIR against a Zambia-based man, invoking Section 69 of the BNS. (File Photo)Differentiating between a “false promise of marriage” and “promise of marriage made in good faith but not fulfilled subsequently”, the Gujarat High Court refused to quash an FIR against a Zambia-based man accused of establishing a sexual relationship with a woman from Vadodara after vowing to marry her.The man had claimed that he could not marry the woman because his mother opposed the relationship.However, the court observed that the promise appeared to have been made only “to satisfy his lust” and not with a genuine intention to marry and said his reason could not be treated as a “bona fide reason” for refusing to marry the woman.Justice M K Thakker held that quashing the FIR “would amount to abuse of process of law which may result in failure of justice.” In its May 8 order, the court examined Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual intercourse obtained through deceitful means or a false promise of marriage and carries a punishment of up to 10 years in prison.Also Read | Sex using ‘deceitful means’: Why in case after case, courts are quashing Section 69Delving into the scope of the section that emphasises “deceitful means” for forging sexual relations with a woman, the court said, “(Indian Evidence Act) provides presumption as to absence of consent in certain prosecutions for rape… The apex court has drawn a clear distinction between a false promise of marriage, given on the understanding by the maker that it would be broken, and a breach of promise, made in good faith but subsequently not fulfilled. It is the former which outrightly attracts the penal provision.”The court added that the man should have “taken a sense” of his mother’s approval before indulging in sexual relations with the woman, as a subsequent refusal “smokes of mala fide motive of the applicant.”Also Read | ‘Where is the question of offence?’: Supreme Court weighs allegations in 15-year live-in relationshipRejecting the man’s reason for denying marriage as not being bona fide, the court said, “It is not the case of the applicant that some ceremonies were performed or due to the circumstances which were beyond the control of the applicant, he was unable to marry the victim, though he actually wanted to marry”Story continues below this ad“It emerges from the allegations that, only to satisfy his lust, the false promise of marriage was given to the complainant, though he had no intention to marry her. Merely giving the explanation that the mother does not agree to the marriage cannot be considered to be a bona fide reason or the circumstances which are beyond the control of the applicant.”The Gujarat High Court also noted that the applicant lived in Zambia and “did not cooperate with the investigation”. Stating that interference in the case would “amount to abuse of process of law which may result in failure of justice,” the HC dismissed the application as “devoid of merits”.Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More © The Indian Express Pvt LtdTags:Gujarat High Court