Sexual Exploitation on the Pretext of a False Promise of Marriage: A Criminological and Socio-Legal Analysis

This research paper presents a deep criminological and socio-legal analysis of cases involving sexual exploitation on the pretext of a "false promise of marriage" established within the judicial system of independent India. In the socio-cultural fabric of India, standard boundaries have been set for relationships between men and women, due to which any violation of these values is viewed as a serious social stigma. The previous Bhartiya Danda Samhita, 1806 (IPC) did not provide any specific definition to criminalize this form of exploitation. Consequently, the judiciary relied on Section 375 and Section 90 of the IPC to treat sexual relations established under such false promises as equivalent to rape. However, this judicial approach was often vulnerable to broad definitions and ambiguity, sometimes creating discrepancies between protecting the victim and preventing the harassment of innocent men.
Addressing these flaws of the old provisions, the legislature introduced Section 69 under the new criminal law of modern India, the Bhartiya Nyaya Sanhita, 2023, to address this specific situation. This step marks a historic shift toward codifying this specific crime as a distinct offense rather than viewing it through the lens of rape. This research paper will analyze this transformation by combining criminology theories with principles of jurisprudence. Additionally, it will evaluate the changing dimensions of digital evidence, forensic sciences, and social media credibility in the context of Section 69 of the Bhartiya Nyaya Sanhita, 2023.
Ultimately, this research paper aims to present a comprehensive, balanced judicial framework that provides justice to the true victim while ensuring protection for the innocent.