The Delhi High Court held that refusing to marry due to horoscope mismatch after establishing physical relations on a promise of marriage can attract charges under Section 69 of the Bharatiya Nyaya Sanhita. The Court denied bail to the accused, observing that repeated assurances followed by refusal may amount to sexual intercourse by deceitful means.
The Delhi High Court has ruled that refusing to marry a woman due to a ‘kundali’ mismatch after having physical relations with her on the promise of marriage can amount to an offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS), which deals with sexual intercourse by deceitful means.
In a significant order, Justice Swarana Kanta Sharma of the Delhi High Court refused to grant bail to a man who is accused of engaging in a physical relationship with a woman over several years on the assurance that he would marry her, and later backing out citing non-matching of their birth charts.
The accused has been in judicial custody since January 4. He approached the High Court seeking regular bail, arguing that the relationship was consensual and that both parties had known each other for around eight years. His lawyer contended that the case did not amount to rape on the false promise of marriage and that he should be granted bail.
However, the Court carefully examined the sequence of events and found that the prosecutrix had initially filed a complaint in November 2025. That complaint was later withdrawn after the accused and his family allegedly assured her that the marriage would take place.
The woman claimed that despite repeated promises, the accused ultimately refused to marry her in January 2026, stating that their ‘kundalis’ did not match.
Following this refusal, a fresh FIR was registered in January 2026 under Section 376 of the Indian Penal Code (IPC) and Section 69 of the Bharatiya Nyaya Sanhita. Section 69 of the BNS criminalises sexual intercourse obtained by deceitful means, including false promises.
The High Court noted that the physical relationship was not a one-time incident but continued over a period of time, allegedly based on repeated assurances of marriage.
The Court observed that the accused was aware from the beginning that his family insisted on matching ‘kundalis’ before marriage. Despite this, he allegedly continued to assure the woman that there was no obstacle to their marriage.
While considering the bail plea, the Court made it clear that not every failed relationship can be turned into a criminal case. The judge observed,
“There can be no quarrel with the proposition that criminal law cannot be invoked merely because a relationship fails or marriage does not materialise. However, the present case, at this stage, stands on a different footing,”
The Court further stated,
“The subsequent refusal to marry on the ground of non-matching of kundalis, despite earlier assurances to the contrary, prima facie raises a question as to the nature and genuineness of the promise extended by the applicant. Such conduct, at this stage, would attract the offence under Section 69 of the BNS,”
Based on the seriousness of the allegations, the material collected during investigation, and the fact that the chargesheet has not yet been filed, the Court refused to grant bail to the accused.
The order highlights that if a person repeatedly promises marriage, assures that there is no obstacle, and then later refuses on grounds that were known from the beginning—such as ‘kundali’ matching—it may be treated as deceit under the new criminal law framework.
Also Read: ‘Bundle of Lies’: Supreme Court Quashes Rape FIR Filed on False Promise of Marriage
The decision is important in understanding how courts may interpret Section 69 of the Bharatiya Nyaya Sanhita in cases involving alleged false promises of marriage.
This ruling also sends a strong message that cultural practices like horoscope matching cannot be used as a shield if the promise of marriage was allegedly used to obtain consent for physical relations. The matter will now proceed before the trial court, where further evidence will be examined once the chargesheet is filed.
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