“Don’t Trust Anyone Before Marriage”: Supreme Court Warns On Pre-Marital Physical Relations In Section 376 IPC False Promise Of Marriage Bail Case
Evan V
The Supreme Court of India, on Monday, while hearing a special leave petition seeking bail in a case alleging rape on the false promise of marriage, made oral observations urging circumspection in pre-marital physical relationships and indicated that the matter could be explored through mediation.
A Division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan was considering the bail plea of an accused who, according to the prosecution, induced the complainant to enter into a relationship on assurances of marriage despite being married, and subsequently contracted another marriage.
During the hearing, Justice Nagarathna remarked:“Maybe we are old fashion but before marriage a boy and a girl are strangers. Whatever may be the thick and thin of their relationship. We fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old fashioned…You must be very careful, nobody should believe anybody before marriage”, Justice Nagarathna said.
As per the prosecution version summarised in court, the complainant—stated to be around 30 years old—allegedly met the petitioner through a matrimonial website in 2022. It is alleged that the petitioner established physical relations with her on multiple occasions on the representation that he would marry her, including during meetings in Delhi and later in Dubai.
The complainant further alleges that, at the petitioner’s insistence, she travelled to Dubai, where he again established physical relations on the pretext of marriage. It is also alleged that intimate videos were recorded without consent and that threats were made regarding their circulation. The complainant claims she later discovered that the petitioner had married another woman on January 19, 2024, in Punjab.
During submissions, Justice Nagarathna questioned why the complainant had travelled to Dubai to meet the petitioner. When it was submitted that the parties had connected via a matrimonial platform and were discussing marriage, the Bench observed that if the complainant was particular about marriage, she should not have travelled before it.
The Bench also suggested exploring mediation, observing:“She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is a consensual relationship." The matter was listed for Wednesday to explore the possibility of settlement/mediation.
The petitioner’s bail applications were earlier rejected by the Sessions Court and subsequently by the Delhi High Court. On November 18, 2025, the High Court declined bail, holding (as recorded in the case history) that the allegations prima facie suggested the promise of marriage was false from inception, including in light of the petitioner’s existing marriage and the subsequent marriage on January 19, 2024. The High Court also noted the principle that consent obtained on a false promise of marriage may be vitiated where the promise is alleged to have been made in bad faith and without intention to marry. The petitioner thereafter approached the Supreme Court by way of special leave.
Case Title: Y K v. State Govt. of NCT of Delhi
Case No: SLP(Crl) No. 20842/2025
Bench: Justice B V Nagarathna and Justice Ujjal Bhuyan
