Overview
Test Series
The criminal justice system of India has undergone a significant transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS) which replaced the Indian Penal Code (IPC), Bharatiya Nagarik Suraksha Sanhita (BNSS) which replaced the Criminal Procedure Code (CrPC) and Bharatiya Sakshya Adhiniyam (BSA) which replaced the Indian Evidence Act on July 1, 2024. The three major Criminal Acts aim to modernize the criminal justice system of India. The Act ensures greater accountability, fairness and clarity in legal proceedings.
While the BNS retains several provisions from the IPC, many have been modified, replaced, or newly introduced to align with contemporary legal needs. Section 69 of Bharatiya Nyaya Sanhita aims to protect women from exploitation arising from fraudulent promises, particularly in the context of relationships, marriage, and employment. Given its far-reaching implications, understanding Section 69 BNS is crucial. This article explores its practical effects, legal significance, and the penalties it prescribes. Explore other important Judiciary Notes.
Sexual intercourse by employing deceitful means, etc
Whoever, by deceitful means or by making promise to marry to 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
Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”
Section 69 of Bharatiya Nyaya Sanhita (BNS) criminalizes sexual intercourse obtained through deceitful means and consists of three key interdependent elements.
Section 69 of Bharatiya Nyaya Sanhita consists of essential elements that set it apart from earlier provisions. The following are the essential elements of this provision -
Section 69 of Bharatiya Nyaya Sanhita (BNS) criminalizes sexual intercourse obtained through deceitful means, such as false promises of marriage or employment. Now the question is whether Section 69 BNS is bailable or not? Section 69 of Bharatiya Nyaya Sanhita is -
Section 69 BNS strengthens legal clarity on consent, deception, and false promises of marriage, aligning with evolving societal norms. Key aspects include:
Section 69 of Bharatiya Nyaya Sanhita (BNS) and Section 493 of Indian Penal Code (IPC) deals with deception in sexual relationships but they differ in scope and application. The table below highlights their key distinctions:
Aspect |
Section 493 IPC |
Section 69 BNS |
Focus |
Addresses deception in marriage, where a man tricks an unmarried woman into believing they are legally married, leading her to cohabit with him. |
Covers sexual intercourse obtained through deceit, including false promises of marriage, employment, or promotion for sexual exploitation. |
Nature of Deception |
Limited to false inducement of lawful marriage. |
Encompasses any form of deceit, including false promises beyond marriage, such as employment. |
Punishment |
Up to 10 years of imprisonment and a fine. |
Up to 10 years of imprisonment and a fine. |
Judicial Interpretation |
In Ram Chandra Bhagat vs State of Jharkhand, the Supreme Court upheld a conviction under this section, emphasizing that deceptive cohabitation under false marital pretenses is an offence. |
Expands beyond marriage-related deception to cover broader scenarios where consent is obtained through fraud, addressing workplace exploitation as well. |
The Supreme Court in Mandar Deepak Pawar v. State of Maharashtra (2022) distinguished between a false promise of marriage and a breach of promise. A false promise is made with the intent to deceive from the outset whereas a breach of promise occurs when a commitment was initially made in good faith but could not be fulfilled due to unforeseen circumstances beyond legal culpability. Various court rulings have further clarified when consent based on a promise of marriage constitutes an offence:
The Supreme Court in Uday vs State of Karnataka emphasized that consent obtained through a false promise of marriage must be evaluated contextually, considering factors like the victim’s age, social background and education.
The Delhi High Court ruled that if a mature woman willingly engages in sexual relations based on a promise to marry and continues the relationship over time, it does not necessarily constitute deception but may reflect mutual choice.
The Supreme Court observed that not every unfulfilled marriage promise amounts to deception warranting prosecution under Section 376 IPC. The Court recognized that a man may genuinely intend to marry but later face unforeseen circumstances preventing him from doing so.
Section 69 BNS reinforces the legal safeguards against sexual exploitation through deceitful means especially false promises of marriage or employment. By criminalizing such acts it strengthens the principle that consent must be free from fraud or misrepresentation. Its classification as a cognizable, non-bailable and non-compoundable offence underscores its severity, ensures accountability and legal clarity.
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