Supreme Court Clarifies Distinction Between Broken Promise to Marry and False Promise in Rape Cases

The Supreme Court has made a clear distinction between consensual sex on the pretext of marriage, which is subsequently broken and intercourse on a false promise to marry with mala fide intention from the start. 

The Court stated that it must examine whether the accused was going to stand by his promise or made the promise only to satisfy his lust, as this would invite liability for cheating and deception.

The Court stressed that a breach of promise alone cannot be criminalised as rape, unless it is proven that the promise was false from the very beginning.

[Pradeep Kesarwani v The State of Uttar Pradesh]