Section 69 BNS

Love, Sex, Breakup, Lies and the Law

Section 69 BNS Punishment Explained

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Section 69 BNS Punishment reveals tough laws on sexual deceit. Find out how false promises can lead to up to 10 years of imprisonment and fines under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS),

Section 69 BNS aims to punish those convicted with imprisonment of up to 10 years and a fine for engaging in sexual activity based on false promises of marriage or other deceitful means. Under the Bharatiya Nyaya Sanhita 2023 (BNS), sexual intercourse obtained through deceit—whether based on false promises of marriage, employment, or promotion, or by concealing one’s identity – is punishable.

Deceptive Practices in Relationships: Legal Consequences

Section 69 BNS criminalizes certain acts involving sexual intercourse based on false promises. Here’s a breakdown of what it likely addresses:

  1. Sexual intercourse with a woman based on a false promise of marriage: This refers to situations where a man engages in sexual activity with a woman under the false pretense that he intends to marry her.
  2. Sexual intercourse with a woman based on a false promise of promotion: This involve cases where a superior (man) in a workplace falsely promises a promotion or career advancement to a woman in exchange for sexual favors.
  3. Sexual intercourse with a woman based on false promise of employment: This involve instances where a man falsely promises employment or job security to a woman in return for sexual favors.
  4. Marrying a woman by Concealing Identity: This refer to situations where a man may engage in deceitful practices by concealing his true identity or marital status to develop relationships and obtain sexual favors from a woman. Common examples include misrepresenting marital status, where a married man falsely claims to be single, hiding religious or caste identity, or concealing a criminal history, such as a past involving sexual assault. These deceptive actions can have significant legal consequences, underscoring the importance of transparency and honesty in relationships.

Section 69 BNS Punishment Explained

Section 69 of the BNS imposes severe penalties for those found guilty of engaging in sexual activity based on false promises or deceitful means. The law treats these offenses with utmost seriousness, and the punishments can vary depending on the specifics of each case. Here’s a detailed overview of the potential penalties:

Imprisonment: Offenders may face imprisonment up to a maximum of 10 years, depending on the case’s severity and details.

Fines: In addition to imprisonment, offenders might be required to pay significant fines. The amount of the fine is determined by the court based on the nature of the offense.

Additional Penalties: In some cases, the court may impose additional penalties such as community service or mandatory participation in rehabilitation programs.

Section 69 BNS replaced the IPC from July 1, 2024

Section 69 of BNS provides that whoever, by deceitful means or making by promise to marry a woman without any intention of fulfilling the same, and 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.

“Deceitful means” shall include the false promise of employment or promotion, inducement or marring after suppressing identity.

BNS 69: Legal Precedents and Interpretation

Legal precedents will play a crucial role in the interpretation of Section 69 BNS. Courts often refer to previous judgments to guide their decisions in new cases. Understanding these precedents can provide valuable insights into how Section 69 is applied in practice.

Following are the Key Legal Precedents on False Promises and Rape:

  • In Pramod Suryabhan Pawar v. State of Maharashtra (2019), The supreme Court quashed an FIR filed by an Assistant Commissioner of Sales Tax against a CRPF Deputy Commandant. The complainant alleged that the accused had a sexual relationship with her since 2008 on the promise of marriage. By 2016, after learning of his engagement to another woman, she filed the FIR. The Court ruled that failing to marry, despite a promise, does not necessarily constitute rape. The promise must be proven to have been made with no intent to fulfill it, and it must be shown that this was the sole reason for the sexual relationship.
  • In G. Achyut Kumar v. State of Odisha (2020), the Orissa High Court ruled that sex based on a false promise of marriage does not qualify as rape under Section 375 of the IPC. The Court noted that ‘consent’ obtained through a false promise is not covered under Section 375.
  • In Prashant Bharti v. State of Delhi (2013), the Supreme Court emphasized that the victim’s age and worldly-wise judgment are crucial in evaluating consent based on a promise of marriage.
  • In Deepak Gulati v. State of Haryana (2013), it was clarified that rape convictions require proof of malicious intent by the accused. The accused must be shown to have never intended to marry the victim from the outset. Section 90 of the IPC cannot be used to attribute criminal liability without clear evidence of deceitful intent.
  • In Uday v. State of Karnataka (2003), the Supreme Court observed that consent given based on a promise to marry does not constitute a misconception of fact under Section 90 of the IPC, and thus, does not amount to rape under Section 375.

Section 69 of the BNS aims to deter manipulative behavior and ensure that sexual consent is genuine and freely given. This section is primarily intended to protect women from exploitation and uphold principles of consent in sexual relationships. However, it is also possible for the law to be misused by women in cases of relationship breakups against men.

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