Section 69 of the Bharatiya Nyaya Sanhita, 2023: Addressing Sexual Intercourse Obtained Through Deceit

Section 69 of the Bharatiya Nyaya Sanhita (BNS), which was introduced in 2023, is designed to especially address cases in which persons engage in sexual intercourse with women by adopting fraudulent ways. When women are deceived into consenting to sexual actions under false pretenses, such as promises of marriage or employment, or by disguising one’s identity, this provision is intended to safeguard them from being misled into giving their permission.

This is an understanding of Section 69.

Section 69 stipulates that any individual who engages in sexual intercourse with a woman, whether through deceitful means or by making a promise to marry a woman without any intention of fulfilling it, shall be punished with imprisonment for up to ten years and shall also be liable to a fine. This is the case even if the sexual intercourse does not constitute rape. The term “deceitful means” refers to many inducements, such as making false promises of employment or promotion, or marrying someone while concealing their identity.

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Exemplifications of Possible Outcomes

Case 1: A Misrepresentation of a Marriage Promise

Consider a hypothetical situation in which a person named Rakesh develops a romantic relationship with Priya and convinces her that they would eventually be married. Priya allows herself to be involved in a sexual relationship on the basis of this vow. Rakesh eventually admits that he had no intention of marrying her at any point in time. Due to the fact that Rakesh acquired consent by making a false promise of marriage, his acts are considered to be in violation of Section 69 in this particular instance.

Concealment of Identity* is the second case.

An further instance has a person named Vijay who conceals his true identity and marries Anita while using a fictitious name of his own. After learning about the deception, Anita comes to the realization that her agreement was gotten through the use of deception. The conduct of Vijay would be considered a violation of Section 69, which prohibits marriage while concealing one’s identity.

Implications and Considerations from a Legal Perspective

Section 69 is classified as a cognizable and non-bailable offense, which means that law enforcement has the authority to arrest the accused without a warrant, and bail is not a matter of right. The severity of the offense is reflected in the fact that the case can be tried by a Court of Session. The

Legal experts have expressed worry regarding the possibility that the clause could be abused, despite the fact that its primary purpose is to safeguard women from being exploited. It has been argued by critics that the legislation might be enforced incorrectly in circumstances where partnerships end amicably, but one of the parties later asserts that the other person lied. Providing evidence that the promise was made with the intention of deceiving the recipient at the time of the promise’s making is a challenge because it can be subjective and difficult to establish. The websites.

A significant step towards combating sexual exploitation through dishonesty is represented by Section 69 of the Bharatiya Nyaya Sanhita, which was enacted in 2023. The purpose of the law is to safeguard persons from being misled into sexual relationships and to respect the integrity of consent by making such conduct illegal. Regarding the application of this clause, however, careful thought is required in order to strike a balance between the protection of victims and protections against the possibility of exploitation.