Understanding Section 69 of Bharatiya Nyaya Sanhita, 2023
One of the most consequential additions in the Bharatiya Nyaya Sanhita is Section 69, which addresses a longstanding judicial dilemma regarding sexual intercourse obtained through false pretences without falling under traditional rape definitions.
Statutory Framework
Section 69 BNS explicitly provides that whoever, by deceitful means or by making a promise to marry without any intention of fulfilling the same, has sexual intercourse with a woman (such act not amounting to rape), shall be punished with imprisonment up to ten years and fine.
Key Statutory Elements
- Deceitful Means Defined: The statute clarifies that deceitful means include false promise of employment or promotion, inducement, or marrying after suppressing one’s true religious or marital identity.
- Absence of Initial Intention: The prosecution must establish that from the inception of the relationship, the accused possessed no intention to marry and employed the promise purely as an instrument of deceit.
- Distinction from Breach of Promise: Judicial precedents establish that a subsequent failure to marry due to bona fide family resistance does not equate to criminal deceit under Section 69.