In Achal Singhal v. State of Karnataka & Anr., Karnataka HC, while granting bail to a man charged u/s 69 BNS (rape on the false promise of marriage), who had spent 42 days in jail, flagged the growing misuse of the provision in cases arising out of failed relationships.

Court observed, “Though Section 69 BNS would punish a person for having sexual intercourse with the victim on a deceitful promise of marriage, in the case at hand there is no indication except that the alleged breach of promise of marriage appears to be an afterthought that has surfaced in the complaint.”

As per the facts placed before the Court, the complainant and the accused were colleagues whose friendship gradually developed into a consensual romantic relationship. The relationship lasted for around 8 months and involved physical intimacy, but eventually ended, following which the woman filed a complaint.

She alleged that the accused had engaged in sexual intercourse with her on the false promise of marriage. Based on this allegation, an FIR was lodged, leading to the arrest and continued custody of the accused for over a month.

Upon perusal of the complaint, Court noted that there were no allegations of force, coercion, or absence of consent. Instead, the relationship appeared to be entirely consensual, and the grievance arose only after the relationship had broken down.

Court took serious note of the “mushrooming number” of such cases and observed a pattern where criminal proceedings are initiated after breakups, thereby invoking Section 69 BNS as a tool of retaliation rather than addressing genuine cases of deceit.

Relying on multiple precedents, Court held that the continuation of criminal proceedings in such circumstances would be contrary to settled legal principles governing consent and false promise cases.

Accordingly, Karnataka High Court allowed the applications filed by the accused, granted him bail, and stayed further proceedings pending before the Magistrate.

Court also highlighted the need to prevent misuse of Section 69 BNS in cases of consensual relationships that later turn sour.