Boyfriend Cheated After Promising Marriage? Section 69 BNS, Live-in Rights and What the Courts Look For

When a relationship ends after a man repeatedly promised marriage, many women feel deceived and want to know whether the law can help. Since 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) has a specific provision for this, Section 69. But the courts apply it carefully, and not every broken relationship is an offence. This guide explains where the line is drawn and what other remedies exist.

What Section 69 BNS says

Section 69 punishes a man who, by deceitful means, or by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her, where this does not amount to rape. The punishment may extend to ten years’ imprisonment and fine.

The Explanation says that “deceitful means” includes a false promise of employment or promotion, inducement, or marrying after suppressing one’s identity.

False promise or failed relationship?

This is the heart of every Section 69 case. The Supreme Court has drawn a clear distinction between:

• a false promise: the man never intended to marry her, and made the promise only to obtain her consent; and
• a breach of promise: he genuinely intended to marry, but the marriage did not happen later because of family opposition, a change in circumstances or a breakdown in the relationship.

Only the first is an offence. In 2025 and 2026, the Supreme Court quashed several cases, including one under Section 69 where the man withdrew because his mother objected, holding that a consensual relationship that does not end in marriage is not by itself a crime. Courts look at:

• whether there was evidence of deceit at the beginning (for example, he was already married or engaged and hid it, or used a false name or religion);
• the length of the relationship; a relationship continuing for many years weakens the claim that consent was obtained only by the promise;
• whether the woman knew facts that made marriage unlikely, such as his existing marriage;
• messages, photographs, family meetings, engagement or wedding preparations, and what he said when he backed out.

Section 69 applies to acts on or after 1 July 2024. Earlier cases were dealt with as rape under the IPC, using the same test of whether consent was obtained by a misconception of fact.

If you were in a live-in relationship

A woman in a live-in relationship that is a “relationship in the nature of marriage” is protected by the Domestic Violence Act, 2005. In D. Velusamy v. D. Patchaiammal (2010) the Supreme Court said that such a relationship requires that the couple held themselves out as spouses, were of legal age and unmarried, and lived together in a shared household for a significant period. Where these conditions are met, she can seek:

• protection orders against violence and harassment;
• monetary relief and compensation;
• residence orders;
• custody of and maintenance for children born of the relationship.

Other situations that are offences

• He took money or valuables on false pretences: cheating under Section 318 BNS, or a civil suit for recovery.
• He threatens to leak photos or videos: see threats to leak private photos and videos.
• He stalks, threatens or harasses you after the breakup: stalking (Section 78 BNS) and criminal intimidation (Section 351 BNS).
• He was already married and hid it, or went through a marriage with you: bigamy and concealment under Section 82 BNS may apply.

First steps

1. Preserve evidence: chats, call records, photographs, travel and hotel records, money transfers, and anything showing promises of marriage and how and when he backed out.
2. Write down a dated account of the relationship, including meetings with families.
3. Do not post allegations about him on social media; it can create a defamation risk and weaken your case.
4. Take advice before going to the police, so the complaint states the facts precisely. A vague complaint is likely to be quashed.

Frequently asked questions

He promised marriage but his family refused. Is that an offence?

Not on that ground alone. If he genuinely intended to marry and his family’s refusal changed things, courts treat it as a breach of promise, not deceit.

Can a man be prosecuted if the woman knew he was married?

Courts have generally held that where the woman knew he was already married, a promise of marriage could not have been the reason for her consent.

Can I get maintenance from my live-in partner?

Monetary relief is available under the DV Act if the relationship was in the nature of marriage. Children born of the relationship can claim maintenance from their father.

See also: if the police refuse to register an FIR and matters concerning women.

Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.

This guide describes general law as understood in October 2026. It is not legal advice; every case turns on its own facts, so take advice before acting.