Court Dismisses Application to Quash Proceedings, Citing Sufficient Grounds for Trial under Bharatiya Nyaya Sanhita, 2023
In a significant ruling, the Allahabad High Court has dismissed an application seeking to quash criminal proceedings against Vipin Kumar and others, accused of engaging in sexual intercourse through deceitful means, including a false promise of marriage. The judgment, delivered by Justice Avnish Saxena, emphasized that the allegations warranted a trial, highlighting the legal implications under the Bharatiya Nyaya Sanhita, 2023.
The case, arising from an FIR lodged in May 2025, involves serious allegations against Vipin Kumar, who allegedly deceived the victim into a sexual relationship under the false promise of marriage, despite being married. The victim, who met the accused on social media, became pregnant multiple times, and was pressured to undergo abortions, the court noted. The victim claimed ignorance of the accused's marital status initially, a factor critical to the case.
The court analyzed the legal framework, particularly Section 69 of the Bharatiya Nyaya Sanhita, 2023, which criminalizes sexual intercourse under false pretenses, distinguishing it from rape. Justice Saxena highlighted that consent obtained under a misconception of fact, such as a false promise of marriage, is invalid, warranting legal action.
The court also addressed the allegations against the co-accused, including threats and intimidation towards the victim and her family, reinforcing the necessity of a trial. The judgment reiterated the limited scope of quashing proceedings, emphasizing that the application of Sections 482 CrPC and 528 BNSS should be reserved for rare cases to prevent abuse of the legal process.
The judgment drew on precedents, underscoring the judicial consensus that consent obtained through deceit is not genuine. The court rejected the defense's argument that the relationship was consensual, citing the victim's lack of knowledge about the accused's marital status as a pivotal issue for trial.
This decision reinforces the legal protections against deceitful practices in relationships, setting a precedent for similar cases. The court's ruling is a testament to the evolving jurisprudence under new legal frameworks, ensuring justice for victims of deceit and false promises.
Bottom Line:
Sexual intercourse on false promise of marriage by a married man constitutes an offense under Section 69 of Bharatiya Nyaya Sanhita, 2023. The allegation of deceit is established if the accused knew that the promise of marriage would not be fulfilled from the beginning.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 69, 528; Indian Evidence Act, 1872 Section 114A; Criminal Procedure Code, 1973 Section 482.
Vipin Kumar v. State of U.P., (Allahabad) : Law Finder Doc id # 2857161
