Section 69 BNS is Bailable or Not? Sex and False Promise
Let’s determine if Section 69 BNS is bailable or not, and whether it is a cognizable or non-cognizable offense under the Bharatiya Nyaya Sanhita 2023 Act.
Section 69 of the Bharatiya Nyaya Sanhita (BNS) makes it illegal to engage in sexual intercourse through deceitful means. This includes the False promises of marriage, employment, or marrying by Concealing one’s identity and offering false inducements without the intention to fulfill them.
Section 69 of BNS: A New Legal Framework for False Marriage Promises
Introduction to Section 69 of BNS
Section 69 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the act of engaging in sexual relations with a woman under false pretenses, such as deceitful marriage promises. This provision, effective from July 1, 2024, introduces stringent measures, including a 10-year jail term, for those found guilty of such actions. The Ministry of Law and Justice says that deceitful means can include false assurances about employment, promotion, or identity concealment.
Key Provisions of Section 69 of BNS
According to Section 69, if a man deceives a woman into a sexual relationship by falsely promising marriage, he can face up to 10 years in prison and a fine. This provision aims to protect women from exploitation under the guise of false commitments. Section 69 applies to situations where a person induces sexual intercourse through deceptive means or by promising marriage without genuine intent.
Section 69 BNS is Bailable or Not?
Section 69 BNS is Cognizable and Non-bailable and imposes rigorous imprisonment for not less than 5 years, but which may extend to 10 years and fine.
Section 69 BNS Punishment
Section 69 addresses sexual acts induced by deceitful promises such as marriage, job promotions, or offers, punishable by imprisonment of up to 10 years and a fine
The Evolution from IPC to BNS
The BNS replaces the Indian Penal Code (IPC) of 1860, introducing several changes, including the specific inclusion of deceitful sexual relationships as a punishable offense under Section 69. Previously, such cases were handled under Section 90 of the IPC, which dealt with consent obtained through fear or misconception.
Legal Definitions and Punishments – Sex and False Promise
Section 69 specifies that deceiving a woman into a sexual relationship through false promises of marriage or employment falls under serious offenses, warranting up to 10 years of imprisonment and fines. The law recognizes two primary forms of deceit:
- False promises of employment or promotion.
- False promises of marriage to obtain consent for sexual relations.
Proving Intent and Consent
To secure a conviction under Section 69, it must be proven that:
- The accused never intended to fulfill the promise of marriage.
- The promise was made with the intent to deceive.
- The consent for the sexual relationship was obtained through deceit.
Judicial Precedents
Several landmark cases illustrate the application and challenges of proving deceitful intentions:
- Rohit Tiwari vs. State (2016): The Delhi High Court ruled that an adult woman consenting to a long-term relationship based on a marriage promise demonstrates naivety, not deceit.
- Uday vs. Karnataka State (2003): The Supreme Court emphasized evaluating each case individually when assessing consent obtained under false promises.
- Naim Ahmed vs. State (NCT Delhi) (2023): The Supreme Court held that treating a broken promise as deceit without considering the context is unjust.
Challenges and Societal Implications
Section 69 has sparked debates due to its potential for misuse, where men might be falsely accused following relationship breakdowns. Proving intentions behind a broken promise of marriage poses significant challenges. Text messages, call recordings, and other evidence play crucial roles in court, but emotional aspects of relationships make definitive proof difficult.
Protecting Against False Accusations
Men accused under Section 69 should:
- Seek legal assistance from a competent lawyer.
- Collect evidence such as gift bills, travel receipts, hotel invoices, WhatsApp messages, texts, phone call records, and photographs.
Conclusion
Section 69 of the Bharatiya Nyaya Sanhita (BNS) represents a significant step towards addressing deceit in relationships, emphasizing the need for genuine consent. However, its implementation and the judicial interpretation will determine its effectiveness and fairness in protecting individuals from exploitation while preventing misuse. As society navigates these new legal landscapes, understanding and safeguarding both rights and responsibilities becomes paramount.
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