Allahabad HC: False promise of marriage by already married man attracts Section 69 of BNS

Prayagraj, Jan 16 (PTI) The Allahabad High Court has refused to quash criminal proceedings against a teacher accused of maintaining a sexual relationship with his student for more than a decade under the false promise of marriage.

The court was of the view that a promise of marriage by an already married man will amount to the offence of sexual intercourse by employing deceitful means as mentioned under Section 69 of the Bhartiya Nyaya Sanhita (BNS).

Dismissing the petition on January 13, Justice Avnish Saxena noted that since the accused was already married when he entered into a relationship with the victim, the alleged promise to marry her prima facie amounted to “deceitful means” as contained under Section 69 of the BNS.

The accused filed the petition under Section 528 (inherent powers of the high court) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), seeking quashing of the entire criminal proceedings against him.

The victim lodged an FIR under the relevant sections of law, including Section 69 of the BNS, on June 20, 2025, in Aligarh district against the accused applicant, alleging that he had sexual intercourse with her by making a false promise of marriage.

She claimed that she had been in a relationship with the accused since 2014-15 and that he kept her as his “wife” but always refused to marry her formally, after solemnising a marriage at an Arya Samaj temple.

She accused him of hurting her with kicks and fists while entering into sexual relations and threatening to defame her if she raised an alarm.

After lodging the FIR, she reportedly found out his real marital status and the fact that he had three children.

The accused claimed the relationship was consensual in nature and had continued since 2014.

The court said the accused prima facie knew from the beginning that he could not marry the victim as he was already married.

The circumstances suggested that the alleged promise was false, as it was impossible to fulfil the same since the beginning, the court noted. PTI COR RAJ ARI