Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes engaging in sexual intercourse with a woman by employing deceitful means or making a false promise of marriage without any intention of fulfilling the same. This provision aims to protect individuals from exploitation through deceit in intimate relationships.(
📜 Text of Section 69
Section 69: Sexual intercourse by employing deceitful means, etc.
Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Explanation:
"Deceitful means" shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity
This section addresses situations where an individual deceives a woman into a sexual relationship by falsely promising marriage or other inducements, without any intention to honor such promises.
⚖️ Legal Implications and Criticisms
While the provision seeks to protect individuals from exploitation, it has garnered criticism for potential misuse. Legal experts express concerns that the broad and vague language of the section could lead to false accusations, as proving the absence of intent to marry may be challenging. Critics argue that this could disproportionately affect men, especially in cases of relationship breakdowns, leading to long-term legal consequences.
Furthermore, the Kerala High Court has been approached through a Public Interest Litigation (PIL) questioning the constitutional validity of Section 69, citing potential violations of fundamental rights such as equality and personal liberty.
🧭 Comparison with Previous Law
Prior to the enactment of the BNS, similar situations were addressed under Section 90 of the Indian Penal Code (IPC), which dealt with consent obtained through a misconception of fact. Section 69 of the BNS specifically targets deceitful promises like marriage or employment, distinguishing it from the broader scope of Section 90 of the IPC.
🔍 Conclusion
Section 69 of the BNS, 2023, introduces a specific offense addressing sexual intercourse obtained through deceitful promises. While it aims to safeguard individuals from exploitation, its broad language and potential for misuse have raised legal concerns. Ongoing legal challenges may lead to further clarifications or amendments to ensure balanced protection of rights.)
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