🔴 Is Every Broken Promise to Marry a Criminal Offence? Supreme Court Clarifies
In a crucial ruling in Jaspal Singh Kaural v. State of NCT of Delhi (2025 INSC 457), the Supreme Court has drawn an important distinction in criminal law:
👉 A breach of promise to marry does NOT automatically amount to rape under Section 376 IPC.
⚖️ Key Principle Laid Down: ✔️ A consensual relationship cannot be termed rape merely because the relationship later fails ✔️ The prosecution must prove that the promise to marry was false from the very beginning ✔️ If the promise was genuine but could not be fulfilled due to circumstances, it does not attract criminal liability
📌 The Court emphasised that intent at the time of making the promise is the decisive factor.
💡 Why This Matters: This judgment protects individuals from misuse of criminal law while ensuring that genuinely fraudulent conduct is still punishable.
Understanding the distinction between breach of promise and false promise is critical in such cases.
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Prithwish Ganguli Advocate, top divorce lawyer in Kolkata handling matrimonial, consumer & criminal cases. Expert legal advice & strong cour