New Delhi, February 23 Refusing to marry due to a 'kundali' (horoscope) mismatch after establishing a physical relationship based on an assurance of marriage can attract Section 69 of the Bharatiya Nyaya Sanhita, which criminalizes sexual intercourse through deceitful means, the Delhi High Court has said.
Justice Swarana Kanta Sharma made this observation while refusing to grant bail to a man accused of having physical relations with a woman and later refusing to marry her on the grounds that their birth charts did not match.
The judge observed that the physical relations were established over a period of time based on the accused's repeated assurances to the prosecutrix that there was no impediment to their marriage, including 'kundali' matching, and therefore, at this stage, his conduct would attract the offence under Section 69 of the BNS.
The accused, who has been in judicial custody since January 4, sought bail on the grounds that the relationship was consensual, and that the parties had known each other for eight years.
His counsel argued that rape based on a false pretext of marriage was not proven, and that he deserved to be granted regular bail.
In its order passed on February 17, the court noted that the first complaint by the prosecutrix was lodged in November 2025 but was withdrawn only on the assurance of marriage allegedly given by the accused and his family, and there was a subsequent refusal to marry on the ground of non-matching of 'kundalis'.
The present FIR was lodged in January 2026 for offences under Section 376 (rape) of the IPC and Section 69 of the BNS.
The court opined that the sequence of events showed that it was not merely a case of "a relationship turning sour" but of repeated assurances of marriage despite the applicant being aware of the insistence of his family on 'kundali'-matching.
"There can be no dispute 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.
The court dismissed the bail application, stating that it was not inclined to grant relief due to the nature of the allegations, the material collected during the investigation, and the fact that the chargesheet in the case had not yet been filed.
