Delhi: The recently enacted Bharata Nyaya Sanhita (BNS), which replaces the British-era Indian Penal Code (IPC), introduces significant changes to India’s legal framework. Among these changes is Section 69, which addresses deceitful promises leading to sexual activity.
Section 69: Deceitful Promises and Sexual Activity
Under Section 69 of the BNS, any man who engages in sexual intercourse by deceitful means or by making false promises of marriage, without intending to fulfill those promises, can be sentenced to up to 10 years in prison and may also face fines. This provision aims to protect individuals, particularly women, from being exploited through false assurances of marriage or employment.
The law specifically targets situations where men induce women into sexual relations by making false promises, whether about marriage, employment, or other matters. According to the Ministry of Law and Justice, “deceitful means” encompass promises of employment, promotions, or marriage, including cases where the man’s identity is concealed.
Clause Details of Section 69
The exact wording of Section 69 is:
“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 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.”
Context and Implications
This new legislation addresses gaps in the previous IPC. Under the old system, cases of deceit leading to non-consensual sex were handled under Section 90, which declared that consent obtained under a “misconception of fact” was not valid, potentially leading to charges under Section 375 (rape) of the IPC.
With the BNS, the law is more explicit in criminalizing deceitful behavior that leads to sexual activity, ensuring clearer protection against such exploitation. The introduction of the Bharata Nyaya Sanhita, along with the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), marks a significant shift in India’s approach to legal justice, aligning the laws more closely with contemporary societal values and issues.
Enforcement
The BNS, including Section 69, came into effect on July 1. It is now imperative for law enforcement agencies to understand and implement these changes effectively to protect individuals from deceitful practices that exploit trust and lead to significant harm.
