AI Overview...
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Section 69 Not Attracted When Complainant is Aware of Accused's Marriage - Main points: Courts have held that when the complainant is aware of the accused's marriage and there is no fraudulent inducement, Section 69 of the Bharatiya Nyaya Sanhita (BNS) cannot be invoked. The essential element of deception or fraudulent promise of marriage is missing if the complainant knows about the marriage at the time of the alleged offence. SAYOOJ S vs STATE OF KERALA - Kerala, Saravanan . C vs State of Tamil Nadu, Rep. by The Inspector of Police, Dindigul - Madras
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Consent Not Vitiated by Knowledge of Marriage - Main points: Several judgments emphasize that consent remains valid if the complainant is aware of the accused's existing marriage. For instance, when the complainant believed the accused was her husband or was aware of his marital status, the offences under Sections 375 (rape) or 420 (cheating) are not attracted. The absence of fraudulent inducement or misrepresentation is crucial. RAJEESH vs STATE OF KERALA - Kerala, XXXXXXXX vs STATE OF KERALA - Kerala
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Offences Requiring Fraudulent Inducement - Main points: For offences like cheating under Section 420 IPC or Section 69 of BNS, the key factor is fraudulent and dishonest inducement or promise of marriage. When the complainant is aware of the marriage, and no deception is involved, these offences are generally not attracted. RAJEESH vs STATE OF KERALA - Kerala, SAYOOJ S vs STATE OF KERALA - Kerala
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Exceptions and Special Circumstances - Main points: Cases involving continuous cruelty, harassment, or non-consensual acts may invoke other provisions like Section 113B of the Evidence Act, but these do not automatically attract Section 69 if the complainant was aware of the marriage. Similarly, in cases where the marriage was genuine or the complainant believed in the marriage, Section 69 is not applicable. Bappasaheb VS State of Maharashtra - Bombay, Saravanan . C vs State of Tamil Nadu, Rep. by The Inspector of Police, Dindigul - Madras
Analysis and Conclusion:
The core principle across the cited judgments is that Section 69 of the Bharatiya Nyaya Sanhita cannot be invoked if the complainant was aware of the accused's marriage at the time of the alleged offence. The absence of fraudulent inducement or misrepresentation is critical. Therefore, when the complainant is aware of the marriage, the conditions for attracting Section 69 are not fulfilled, and the section cannot be applied to prosecute the accused for offences like cheating or non-consensual acts related to marriage promises.
Search Results for "Section 69 can Not be Attracted when Complainant is Aware about Accused Marraige"
2025 Supreme(Online)(Ker) 43686 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
The court determined that the de facto complainant's consent was not vitiated by misconception of facts since she was aware of the ... Furthermore, the allegations of cheating under Section 420 IPC lacked the essential element of dishonest inducement. ... petitioner's marriage. ... If that be so, the essential requirement of cheating, which is fraudulent and dishonest inducement, is lost, and hence the offence under Section 420 IPC cannot be said to be attracted in such a case. ... Thu....
2025 Supreme(Online)(Ker) 45488 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
The court found no vitiation of consent as complainant believed accused was her husband. ... proceeding against the accused - The Special Judge discharged accused after determining that the allegations did not attract applicable ... (A) Indian Penal Code, 1860 - Sections 375 and 503 - Definition of rape and criminal intimidation - The de facto complainant contended ... of rape would be attracted due to the above sexual relationship between the #HL_ST....
2012 0 Supreme(Cal) 1045 • India - Calcutta
INDIRA BANERJEE, GIRISH CHANDRA GUPTA
continuous torture, both physical and mental, by the husband and the parents-in-law, due to failure on the part of the party of the complainant ... The court held that the presumption u/s 113B of the Evidence Act is attracted in the present case. ... The facts and circumstances for the purpose of attracting the applicability of Section 113B of the Evidence Act have been fully established ... Active involvement of the accused persons in the death of the victim preceded by torture and cruelty due to omission on the part of....
2023 Supreme(Online)(Ker) 57524 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
between accused and victim examined - The court ruled that while ordinarily such offences necessitate prosecution, extraordinary ... , 30, 31) ... ... Facts of the case: ... The judgment concerns multiple cases involving accused ... (A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings involving non-compoundable sexual offences - Compromise ... would promote the family life of the complainant and the accused. ... get attracted. ... Hence, offence under #HL_STA....
2025 Supreme(Online)(Ker) 26587 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
2022 (1) KLT 19 ] there cannot be a promise of marriage when one of the parties is in a subsisting marriage. In such a view of the matter, prima facie, it is doubtful whether the offence under Section 69 can be attracted. ... Petitioner is the accused in Crime No.755 of 2025 Malappuram Police Station registered for the offences punishable under sections 84 and 69 of the Bharatiya Nyaya Sanhita , 2023 (for short “ BNS ’). ... As far as S....
2014 0 Supreme(Bom) 541 • India - Bombay
S.S.SHINDE, V.M.DESHPANDE
One lac from complainant, father of deceased wife and deceased was subjected to cruelty and harassment by accused husband hence presumption ... , conviction of accused under Section 498-A, 304-B, IPC improper. ... . - Since chain of circumstances, clearly pointing towards guilt of accused, is complete hence conviction of accused under Section ... Map was accordingly prepared (Exhibit-69). He obtained 7/12 extract of the land in which well dead body w....
2014 0 Supreme(Bom) 535 • India - Bombay
S.S.SHINDE, V.M.DESHPANDE
the other accused. ... the acquittal of the other accused. ... After the marriage, Sangita was subjected to cruelty and harassment by Bappasaheb and his family members for dowry. ... Map was accordingly prepared (Exhibit-69). He obtained 7/12 extract of the land in which well dead body was found (Exhibit-70). He also collected 7/12 extract of the accused (Exhibit-71). He further deposed that, complainant produced marriage invitation card and marriage....
2025 Supreme(Online)(MP) 4329 • India - High Court of Madhya Pradesh
GAJENDRA SINGH, J
sufficiently presented in the FIR, hence the bar of section 18 is applicable. ... (A) SC & ST (Prevention of Atrocities) Act, 1989 - Section 18 - Criminal Procedure - Anticipatory bail - The appellant moved for ... anticipatory bail after allegations of sexual intercourse under false promises of marriage were made against him, which the trial ... Appellant/accused moved for anticipatory bail before the trial court and vide order dated 16.06.2025 the trial court rejected the application recording the reason that prima fac....
2020 0 Supreme(Kar) 1958 • India - Karnataka
B.VEERAPPA, E.S.INDIRESH
Indian Penal Code1, 860 - Section 302 - Dowry Prohibition Act1961 - Section 3 - Demand of dowry - Investigation ... Code Criminal Procedure was recorded accused persons have not taken any defence - In order to re appreciate entire material on record ... work and are earning per day respectively - After marriage of her daughter with accused female child was born - After few months ... Therefore, the provisions of Section 302 and Section 201 of the Ind....
2025 Supreme(Online)(Mad) 65169 • India - BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
B. Pugalendhi, J
Facts of the Case: The petitioner, as the sole accused, was alleged to have had non-consensual intercourse with the defacto complainant ... Statute Analysis: The petition is filed under Section 528 BNSS to quash proceedings in PRC.No.75 of 2025. ... under a false promise of marriage. ... The same reasoning applies here, as such, the offence under Section 351 (2) of the BNS would not be attracted. ... Section 69 of the Se....
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