⚖️ Shri Ganpati Jurists | Legal Insight Series
⚖️ Supreme Court Clarifies: False Promise of Marriage ≠ Every Broken Promise
In Shaileshbhai Govindbhai Makwana v. State of Maharashtra, the Supreme Court drew an important distinction between a false promise to marry and a mere breach of promise.
🔹 If from the very beginning there was no intention to marry, and the promise was used only to obtain consent for a physical relationship → it may amount to an offence.
🔹 However, if the promise was made genuinely and later could not be fulfilled due to unforeseen circumstances → every breach of promise cannot automatically become a criminal offence.
🔹 The Court further held that a prolonged consensual relationship, where both parties were aware of each other's marital status, cannot be presumed to be based solely on a false promise of marriage.
📌 Key Principle:
For criminal liability, the promise of marriage must have a direct nexus with the consent for the physical relationship and not be influenced by other factors.
💬 “It would be a folly to treat each breach of promise to marry as a false promise and prosecute under Section 376 IPC.” — Supreme Court
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