Cases involving promises to marry arise when the complainant asserts that her agreement to engage in a sexual act was compromised as it was based on the defendant’s false representation that he intended to marry her, despite having no such intention from the beginning. This discussion contributes to the discourse on false promise to marry cases by examining the harms caused by such deceptive actions and exploring whether a civil remedy could effectively prioritise women’s agency in this context. The note challenges the prevailing idea that ‘vitiation of consent’ should be the decisive factor in addressing these cases, arguing that this criterion fails to capture the intricate dynamics inherent in such situations and perpetuates harmful stereotypes and outdated norms.
Additionally, a thorough examination of Section 69 in the proposed Bharatiya Nyaya Sanhita Bill, 2023, reveals potential drawbacks associated with criminalisation, including intrusive legal proceedings and the risk of misuse. The note then explores the feasibility of a civil remedy, outlining certain advantages and disadvantages. The overarching goal remains to enhance the recognition of women’s subjectivity in both the perception of such behaviour and the ultimate resolutions of these cases.
