Consent Based on Concealment is Misconception of Fact, Rules Delhi High Court

The Delhi High Court denied anticipatory bail in a case involving allegations of a false promise to marry, holding that concealment of material facts can indicate dishonest intent from the very beginning.

The Court found that the accused had hidden his existing domestic relationship and children, leading the woman to consent under a “misconception of fact.”

It observed that such deception vitiates consent and attracts criminal liability under relevant provisions of the Bharatiya Nyaya Sanhita.

Considering the evidence, including chats and conduct of the accused, the Court held that a prima facie case was made out and refused to grant relief.