Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023

Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the issue of sexual intercourse obtained through deceitful means, particularly focusing on false promises of marriage, employment, or promotion, and concealment of identity. This provision is part of Chapter V, which deals with Offences against Women and Children.

Key Provisions of Section 69

• Offense Definition: Engaging in sexual intercourse with a woman by deceitful means or by making a false promise to marry without any intention of fulfilling it.

• Scope of Deceitful Means: Includes false promises of employment or promotion or concealment of identity to induce sexual consent.

• Punishment: Imprisonment for a term that may extend to 10 years, along with a fine.

• Exclusion from Rape Definition: Such acts do not constitute rape under Section 63 of the BNS or Section 375 of the Indian Penal Code.

• Legal Implications

  • Non-Bailable and Cognizable: Offenses under Section 69 are non-bailable and cognizable, meaning the police can arrest the accused without a warrant.

  • Jurisdiction: Cases are triable in a Court of Sessions, indicating the seriousness of the offense.

  • Legal Challenges and Criticisms

    • Gender Bias: Section 69 is perceived as gender-biased, as it primarily criminalizes men for such offenses, potentially leaving women who commit similar acts unaccountable.

    • LGBTQ+ Exclusion: The provision does not explicitly cover members of the LGBTQ+ community, potentially excluding them from seeking redressal under this section.

    • Vague Definitions: Terms like "identity" and "deceitful means" are not clearly defined, leading to potential misuse and legal ambiguities.

    • Redundancy: Critics argue that Section 69 duplicates existing provisions under the Indian Penal Code, raising concerns about redundancy and legal overreach.

    • Evidence Requirements: Victims must provide clear evidence of the deceitful promise and the lack of intent to fulfill it.

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