You can file case of rape against your boy friend if he had sex with you under promise of marriage 

2) I presume you have some messages saved wherein he promised you marriage 

3) age difference is immaterial 

The new section of new IPC is applicable in your case.

However, the case filed by you may ruin your repute in the society and your parents may be ashamed once they would come to now.

It is rather advisable to move on and next time restrain yourself from getting physically close till you are married. 

Whether you are older or younger than him, you have been deceived by him on false promises to marry you and now refusing citing some flimsy reasons. 

You can initiate proper legal action against him for this offence committed against you.

You give a complaint to police and proceed legally against him.

-  As per Section 90 of the IPC , When the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact and, in such a case, an offender can be said to have committed the rape as defined under Section 375 of IPC , and can be convicted for the offence under Section 376 of the IPC.

- Hence, the consent for physical relation obtained by your boyfriend by giving false promise of marriage is amounts to rape.

- Further , as per the Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.

- You should lodge a complaint against him before the police and higher official , after mentioning all the facts in details, and his message & phone talk recordings are enough evidence. 

- The age criteria is not a hurdle in such type of cases. 

Age of complainant is not relevant. You can certainly file a complaint against him and send him to jail. You can also seek payment of compensation from him. 

Dear client, you cannot make the guy liable for rape as recently the supreme court in case of Sheikh Arif v. The State of Maharashtra, has held that "Maintianing Sexual Relationship With Consent Is Not An Offence". But if you can prove that, right from the inception, the consent was obtained based on the false promise of marriage then it can be considered as rape.

And you can file a cheating case on the guy under sec 417 of the ipc. There is no role for age factor to play here. Section 69 BNS will not be applicable as of now as it will come into effect from july 1st and only IPC will be applicable if any issue as the issue was arised when ipc is in force.

You can file police complaint against him that he made physical relation with you on the pretext of marriage which is amounts to rape. 

File it immediately in near by police station for fast result or Women Police station. 

You oh can k not file cheating complaint if he has taken any money from you in this relationship. It will be better that you move on as even if you file any case against him for false promise of marriage rape etc same will mentally affect you in entire court proceedings 

1. Your being older than him is not a criteria in the instant case.

2. However, recently Courts are refusing to entertain such cases on the ground that refusing to marry after running an affair is not considered as cheating.

3. Your being physical with him is not going to give you an extra legal mileage as the Apex Court feels that these are consensual physical relationships. 

Dear Querist,

The new Act is not applicable yet. hence section 69 IPC/BNS will not help you.

But you may file a complaint for the offence of Rape under OLD IPC section 375/376 but you should file this complaint only when there is any forceful or deceitful sexual relationship otherwise not.

Age difference is immaterial in your senerio.

Feel Free to Call