Not marrying after physical relations due to kundali mismatch is punishable under BNS, can attract 10-year jail: HC

A refusal to marry on the ground of a ‘kundali’ mismatch after entering into a physical relationship on the assurance of marriage can attract criminal charges under Section 69 of the Bharatiya Nyaya Sanhita (BNS), the Delhi High Court has said while denying bail to an accused man, a TOI report stated.

The observation came from Justice Swarana Kanta Sharma while hearing a bail plea of a man accused of establishing physical relations with a woman and later refusing to marry her citing horoscope incompatibility.

The court said the material on record suggested that the physical relationship was formed over a period of time on the basis of repeated assurances by the accused that there was no obstacle to their marriage, including kundali matching.


At this stage, the judge said, such conduct would attract the offence under Section 69 of the BNS, which criminalises sexual intercourse obtained through deceitful means.

Bail plea rejected amid serious allegations

The accused, who has been in judicial custody since January 4, had sought bail arguing that the relationship was consensual and that both parties had known each other for eight years.

His counsel argued that the offence of rape on the false promise of marriage was not made out and he should be granted regular bail.

The court, however, refused to grant relief considering the nature of the allegations, the material collected so far, and the fact that the chargesheet is yet to be filed.

According to the court order dated February 17, the prosecutrix had first filed a complaint in November 2025. She later withdrew it after an assurance of marriage allegedly given by the accused and his family.

However, the accused later refused to go ahead with the marriage, citing a mismatch in ‘kundalis’. Following this, a fresh FIR was lodged in January 2026 under Section 376 (rape) of the IPC and Section 69 of the BNS.

The court said the sequence of events suggested it was not merely a case of a relationship turning sour but involved repeated assurances of marriage despite the applicant being aware of his family’s insistence on kundali matching.

Court’s observation on failed relationships vs criminal offence

The High Court underlined that not every failed relationship should invite criminal prosecution, but the facts of the present case stood on a different footing.

"There can be no quarrel with the proposition that criminal law cannot be invoked merely because a relationship fails or marriage does not materialise. However, the present case, at this stage, stands on a different footing," the court stated.

"The subsequent refusal to marry on the ground of non-matching of kundalis, despite earlier assurances to the contrary, prima facie raises a question as to the nature and genuineness of the promise extended by the applicant. Such conduct, at this stage, would attract the offence under Section 69 of the BNS," it said.

What Section 69 of BNS says

Section 69 of the Bharatiya Nyaya Sanhita criminalises sexual intercourse obtained through deceitful means, including false promises of marriage.

Punishment under Section 69 (BNS)

• Imprisonment: Up to 10 years
• Type of imprisonment: Rigorous or simple (as decided by the court)
• Fine: The court may also impose a monetary fine in addition to jail term