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Delhi High Court Denies Bail, Says Horoscope-Mismatch Refusal After Physical Relations Can Trigger BNS Charge

The order underscores that promises of marriage used to obtain consent may be prosecuted as deceit under Section 69 of the Bharatiya Nyaya Sanhita.

Overview

  • Justice Swarana Kanta Sharma, in a February 17 order, refused bail to the accused in a case involving assurances of marriage followed by a later refusal.
  • The court noted the woman’s November 2025 complaint was withdrawn after alleged assurances from the accused and his family, before he declined marriage citing non-matching kundalis.
  • A fresh FIR was filed in January 2026 invoking IPC Section 376 (rape) and Section 69 of the BNS for sexual intercourse through deceitful means.
  • The accused has been in judicial custody since January 4 and argued the relationship was consensual over eight years, but the court declined relief at the bail stage.
  • While reaffirming that failed relationships alone do not attract criminal liability, the court said the sequence of repeated assurances placed this matter on a different footing, with the chargesheet still pending.