Section 69of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes sexual intercourse obtained through deceitful means or false promises of marriage, provided the act does not meet the legal definition of rape. It stipulates penalties of up to 10 years in prison and fines for such offenses
Key Provisions of Section 69
Deceitful Means: The law defines "deceitful means" to include false promises of employment, promotion, or marriage, as well as concealing one's identity to induce sexual relations .
Scope of Application: The provision specifically applies to cases where a man promises to marry a woman without any intention of fulfilling that promise, leading her to consent to sexual intercourse under false pretenses
Legal and Social Implications
Gender-Specific Application: Section 69 has been critiqued for being gender-specific, applying only to men as perpetrators and women as victims. This has raised concerns about potential constitutional violations, including discrimination under Article 14 and issues related to privacy and autonomy under Articles 19 and 21
Exclusion of Other Groups: The provision does not extend its protections to transgender individuals or those in live-in relationships, potentially leaving these groups vulnerable to exploitation without legal recourse
Legal Challenges: A public interest litigation (PIL) has been filed in the Kerala High Court challenging the constitutional validity of Section 69, arguing that it infringes upon fundamental rights and perpetuates patriarchal stereotypes .(
Conclusion
While Section 69 of the BNS, 2023, aims to protect individuals from sexual exploitation through deceitful promises, its current formulation has faced criticism for being overly broad and potentially discriminatory. The ongoing legal challenges highlight the need for a nuanced approach that ensures justice without infringing upon constitutional rights.
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