Threats Of False Accusations Of Rape Resulting From Breakdown Of Relationships: An Emerging Problem In India

Law evolves with society. As human interactions change, the nature of conflicts and the way law responds to them also undergo transformation. In contemporary times, particularly by 2025, romantic relationships among young adults have become more open, informal, and frequent. Many such relationships begin with genuine affection, companionship, and sometimes even discussions about long-term commitment and marriage. But as relationships have become more fluid, their breakdown too has become more common. What is increasingly troubling is the growing pattern where a failed romantic relationship is followed not merely by emotional distress but by grave legal allegations—particularly accusations of rape on the ground of a “false promise of marriage.” Even when the relationship was consensual for months or years, the breakup is sometimes reinterpreted as sexual exploitation. This trend has started appearing repeatedly in criminal courts across the country, raising serious concerns about misuse of the law. Across several states, consensual relationships have later been reframed as criminal cases after they end. Instead of viewing the breakup as a personal matter between two adults, criminal provisions are invoked to exert emotional, social, or financial pressure. Many false complaints expose how deeply the fear of being named in a rape complaint can affect individuals, and how easily the legal system can be weaponised to produce fear or compliance. It also reflected how false allegations damage the seriousness with which genuine cases of sexual violence should be treated.

A central legal provision in such situations is Section 69 of the Bharatiya Nyaya Sanhita (BNS). This section criminalises sexual intercourse obtained through deceit, including a promise to marry that the accused never intended to fulfil. The crucial test lies in determining the intention at the time the promise was made. If two consenting adults enter a relationship hoping it may lead to marriage, but later one partner decides against marriage for legitimate reasons—such as incompatibility, family opposition, or personal preference—that does not constitute deception under criminal law. However, in the emotional deterioration that accompanies relationship breakdowns, this distinction often gets blurred. A natural breakup is sometimes portrayed as proof that the promise was fraudulent from the beginning. This is where misuse begins: the shift from an unfortunate but ordinary end of a relationship to a serious criminal allegation. The psychological impact of false accusations or threats of false accusations is another dimension often overlooked. A critical judgment addressing this issue came from the Madhya Pradesh High Court in Dr. Shivani Nishad & Anr. v. State of Madhya Pradesh (2023). The Court dealt with a case where a man died by suicide after repeatedly facing threats that he would be falsely implicated in a rape or eve-teasing case. The Court held that such persistent threats could legally constitute abetment of suicide under Section 306 IPC, noting that this form of intimidation directly attacks a person's dignity, mental peace, and sense of security. The Court refused to quash the case, observing that the harassment was not minor or occasional; it was continuous and psychologically overwhelming. This ruling is significant because it acknowledges that misuse of rape allegations does not merely damage reputation—it can push a person towards an extreme, irreversible decision. It illustrates how powerful and devastating the threat of a false rape complaint can be in the social context of India, where such allegations carry severe social stigma.

At the same time, the Supreme Court has provided important clarity on how courts should differentiate between genuine cases of deception and consensual relationships that simply end. A series of landmark rulings have emphasised that not every failed promise of marriage amounts to rape. In Uday v. State of Karnataka (2003), the Court held that a consensual relationship between adults, followed by a later refusal to marry, does not automatically imply that the initial promise was false. Similarly, in Deepak Gulati v. State of Haryana (2013), the Court stressed that a promise becomes “false” only when it is shown that the accused never intended to marry from the beginning. Mere withdrawal from the commitment later is not enough to attract criminal liability. This reasoning was reaffirmed more recently in Pramod Suryabhan Pawar v. State of Maharashtra (2019), where the Court explained that criminal law cannot be used to punish emotional hurt, disappointment, or personal conflict. These judgments repeatedly caution that criminal law should not become an instrument to settle personal scores after a relationship ends.

Yet, despite these legal safeguards, misuse continues to occur. In many cases, the fear of social embarrassment, loss of reputation, job consequences, and lengthy legal proceedings push the accused and their families into distress. In extreme situations, individuals have taken their own lives, as seen in the Madhya Pradesh case. Misuse of Section 69 of the BNS-and earlier, its equivalent provisions under the IPC-also weakens public confidence in the justice system and makes it harder for genuine survivors of sexual assault to receive justice. When false cases come to light, they create doubt, hesitation, and social backlash that ultimately harms those who truly need protection.

False allegations arising out of failed relationships therefore highlight a complex tension between personal disappointment and legal responsibility. Laws that deal with sexual offences, consent, and deception must remain strong and uncompromised to protect real victims. But these provisions cannot be allowed to transform into tools for harassment, retaliation, or extortion. The Madhya Pradesh High Court ruling, and numerous similar instances show that false accusations are not small disputes; they can destroy careers, families, reputations, and lives. As modern relationships continue to evolve, it becomes crucial for the justice system to maintain a careful balance. Distinguishing between genuine exploitation and a relationship that simply did not work out is essential for fairness, for preventing misuse, and for preserving the credibility of laws designed to protect against sexual violence.

Authors are Advocate at Rajasthan High Court, Jaipur. Views Are Personal.