HC questions legality of law on sexual relation under false promise of marriage

The High Court has issued a rule asking the authorities concerned to explain why a legal provision that punishes only men for engaging in consensual sexual relations under a false promise of marriage should not be declared illegal and unconstitutional.

The court also sought an explanation as to why treating consensual sexual relations between consenting adults as a criminal offence under the pretext of a false promise of marriage should not be struck down.

The rule was issued on Tuesday by a High Court bench headed by Justice Habibul Gani following a writ petition argued by Supreme Court lawyer Ishrat Hasan.

The questioned provision, introduced through the Prevention of Violence Against Women and Children (Amendment) Act, 2026, provides for up to seven years’ rigorous imprisonment and a fine for a person who has sexual intercourse with a woman aged over 16 under a false promise of marriage.

The petitioner argued that the provision is vague, discriminatory and inconsistent with the fundamental rights guaranteed by the Constitution, as it criminalises consensual relationships between adults based on an alleged false promise of marriage.

Following the hearing, the court issued the rule directing the authorities to respond.

SKS