India’s legal framework has witnessed a significant transformation with the introduction of the Bharatiya Nyaya Sanhita (BNS) in 2023, replacing the colonial-era Indian Penal Code (IPC).
One of the most crucial and discussed provisions in the BNS is Section 69, which deals with the consequences of sexual intercourse based on deceitful promises, particularly false promises of marriage or employment.
This provision aims to address a loophole in previous legal statutes and offers stricter penalties for those who exploit others under pretenses.
Also Read: PIL Challenges Section 69 of BNS for Criminalising Sex on False Promise of Marriage
What is Section 69 of the BNS?
Section 69 of the Bharatiya Nyaya Sanhita (BNS) focuses on cases where a person engages in sexual intercourse through deceitful means.
The law specifically targets scenarios where an individual promises to marry or offer employment, knowing fully well that they have no intention of fulfilling such promises.
This provision also covers situations where the person conceals their true identity to deceive the other party into consenting to sexual relations.
Legal Text of Section 69:
The clause states:
“Whoever, by deceitful means or by making a 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 offense 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.”
The law defines “deceitful means” broadly, including false promises of employment, promotion, or concealing one’s identity to obtain consent.
Such acts, although not classified as rape under the legal definitions, are still considered grave enough to warrant severe punishment, including up to ten years in prison and fines.
The Context and Legal Implications
Before the implementation of the BNS, such acts were prosecuted under Section 90 of the Indian Penal Code (IPC).
According to IPC Section 90, any consent obtained under “misconception of fact” was not considered valid consent.
In some cases, this could lead to charges under Section 375 of the IPC, which deals with rape. However, the ambiguity of the old law often made it difficult to achieve justice, especially in cases where the deceit involved promises of marriage or employment.
With Section 69 of the BNS, the law now specifically criminalizes sexual intercourse obtained through deceptive promises, even if these acts do not meet the stringent definition of rape.
This is a clear step forward in addressing cases of exploitation, ensuring that individuals who make false promises for personal gain are held accountable.
Protection for Women and Children
The introduction of the BNS has brought sweeping changes to the legal framework regarding sexual offenses, especially those targeting women and children.
Section 69 is part of a broader chapter titled ‘Offences Against Women and Children‘ in the BNS. This shift highlights the government’s focus on enhancing the legal protection available to vulnerable groups.
In addition to Section 69, the BNS includes stricter provisions for offenses involving minors. The law aligns the treatment of such offenses with the Protection of Children from Sexual Offences Act (POCSO).
For example, it differentiates between victims based on age categories (under 18, 16, and 12) and prescribes specific penalties according to the severity of the crime and the age of the victim.
This nuanced approach ensures that the law addresses the varied nature of sexual offenses and provides adequate punishment based on the gravity of the situation.
Historical Shift from IPC to BNS
The enactment of the BNS marks a significant shift from the old IPC, which had its roots in colonial governance.
Section 69 is just one example of how the new legal code has been designed to better align with contemporary social values and the needs of modern Indian society.
The Ministry of Law and Justice clarified that Section 69 was introduced to fill a critical gap in the law, which previously left many victims of deceitful promises without adequate legal recourse.
The previous laws under the IPC were not always well-equipped to deal with the nuances of emotional and psychological manipulation, which often accompanied false promises of marriage or employment.
The new law, by addressing these issues, provides a more comprehensive framework to protect individuals from being exploited under false pretenses.
Impact on Relationships and Society
One of the significant impacts of Section 69 is its potential effect on relationships where deceit is involved.
For example, if a person promises marriage or a job to another individual and enters into a sexual relationship based on that promise, only to later break off the engagement or not follow through on the job offer, they could face up to ten years of imprisonment.
This provision is particularly important in cases where the power dynamics between the individuals are skewed, such as in cases involving employers and employees or when one partner conceals their true identity.
By making such actions punishable, the law seeks to provide justice to those who are vulnerable to manipulation.
A Step Towards Justice
The introduction of Section 69 in the Bharatiya Nyaya Sanhita (BNS) represents a crucial step towards creating a more just and equitable legal system in India.
By addressing the issue of deceitful promises, particularly in the context of marriage and employment, the law seeks to protect individuals from being taken advantage of in emotionally and financially vulnerable situations.
With severe penalties, including imprisonment and fines, Section 69 sends a strong message that deception and exploitation in intimate relationships will not be tolerated.
It is a progressive move that reflects the evolving values of Indian society, providing stronger legal safeguards for women and vulnerable individuals.
In essence, Section 69 of the BNS 2023 is a reminder that personal integrity and honesty are essential, and those who exploit others through deceitful means will face the full force of the law.