Investigation Under Bharatiya Nyaya Sanhita, 2023 Continues for Other Charges; Protection from Arrest Granted to Petitioners
In a significant judgment, the Allahabad High Court, comprising Justices Siddhartha Varma and Abdul Shahid, partially quashed an FIR involving allegations of false promise of marriage under Section 69 of the Bharatiya Nyaya Sanhita, 2023. The case, titled Neeleshramchandani v. State of Uttar Pradesh, revolved around accusations against the petitioner, Neelesh Ramchandani, and others, concerning deceitful promises leading to a physical relationship.
The court, after thorough examination, determined that the essential elements of deceit, as required under Section 69, were not established. The relationship between the petitioner and the respondent was deemed consensual and voluntary, based on mutual agreement without any deceitful intent. The judgment emphasized that Section 69 punishes deceit and not mere disappointment arising from a failed relationship.
The court noted that the timing of the FIR and the evidence presented did not suggest any deceitful promise of marriage. As a result, the FIR was quashed to the extent of the investigation under Section 69. However, the investigation under Sections 351(2) and 352 of the Bharatiya Nyaya Sanhita will continue, and the petitioners have been granted protection from arrest during this investigation phase.
The case underscores the judiciary's stance on distinguishing between deceit and disappointment in relationships, ensuring that criminal law remains a shield against fraud rather than a weapon for personal vendettas. The petitioners were represented by a team of advocates led by Nipun Singh, while the state was represented by Aniket Gupta and others.
Bottom Line:
Bharatiya Nyaya Sanhita, 2023 (B.N.S.) - Section 69 - False promise of marriage - Essential elements for offence under Section 69 include deceitful means or false promise to marry leading to sexual intercourse - Consensual and voluntary relationship devoid of deceit does not attract Section 69 - The section punishes deceit and not disappointment.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 69, 351(2), 352
Neeleshramchandani v. State of Uttar Pradesh, (Allahabad)(DB) : Law Finder Doc Id # 2845689
