Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court

[23 December 2021]
Mere refusal to marry a woman after a long relationship would not constitute the offence of ‘cheating’ under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for sex, the Bombay High Court held. Justice Anuja Prabhudessai observed that in the instance case the couple had indulged in sexual relations for over three years; the woman’s testimony did not indicate that she was under a misconception of a promise of marriage nor was there evidence to show the man didn’t intend to marry her since the very beginning. “In the absence of evidence to prove that the prosecutrix had consented for physical relationship on a misconception of fact, as stipulated under Section 90 of IPC, the mere refusal to marry would not constitute offence under Section 417 of the IPC.”