Essential Ingredients of Section 69 BNS

Understand the essential ingredients of Section 69 BNS. Learn how courts examine false promise to marry cases, consent, intention, and evidence under Bharatiya Nyaya Sanhita, 2023.

Section 69 of the Bharatiya Nyaya Sanhita, 2023 has brought renewed focus on cases involving allegations of sexual relations on a false promise of marriage. Since its introduction, many men have found themselves anxious about what exactly constitutes an offence under this provision.

A common misconception is that if marriage does not happen, Section 69 BNS automatically applies. This is not correct.

To understand when Section 69 BNS is attracted and when it is not, it is crucial to understand the essential ingredients of Section 69 BNS. Courts do not proceed on emotions or outcomes of relationships. They proceed strictly on ingredients laid down in law.

This article explains, in simple language, the ingredients of Section 69 BNS, how courts examine them, and why every failed relationship does not become a criminal case.

What Section 69 BNS Actually Criminalises

Section 69 BNS criminalises sexual relations where consent is obtained by deception, specifically through a false promise to marry made with no intention to fulfil it at the very beginning.

The law does not punish:

Breakups
Relationship failures
Change of intention
Family pressure or incompatibility

It punishes intentional deceit at the inception.

Why “Essential Ingredients” Matter

In criminal law, no person can be punished unless every essential ingredient of the offence is satisfied. If even one ingredient of Section 69 BNS is missing, the offence fails in law.

This is why courts repeatedly emphasise examining the ingredients of Section 69 BNS instead of blindly accepting allegations.

Essential Ingredients of Section 69 BNS

Essential Ingredient 1 – Existence of a Promise of Marriage

The first and foundational ingredient of Section 69 BNS is the existence of a promise of marriage.

Courts examine:

Whether a promise was actually made
Whether it was clear and specific
Whether it existed before the act of sexual intimacy

Mere expressions like:

“We will see”
“Let us think about marriage”
“I love you and want a future with you”

do not automatically amount to a legal promise of marriage.

For Section 69 BNS to apply, the promise must be definite enough to influence consent.

Essential Ingredient 2 – Promise Must Be False at the Inception

This is the most critical ingredient of Section 69 BNS.

Courts ask a single decisive question:
Was the promise false from the very beginning?

This means:

The accused never intended to marry at all
The promise was used only as a tool to obtain consent

If the intention to marry existed initially but failed later due to circumstances, this ingredient is not satisfied.

A broken promise is not the same as a false promise.

Essential Ingredient 3 – Deception or Dishonest Intention

Section 69 BNS requires mens rea, meaning a dishonest intention.

Courts examine:

Conduct before the relationship
Conduct during the relationship
Behaviour after intimacy

Indicators of absence of deception include:

Long-term relationship
Involvement of families
Discussions about future logistics
Efforts toward marriage

Without deception, the offence collapses.

Essential Ingredient 4 – Consent Obtained Solely Due to the Promise

Another vital ingredient of Section 69 BNS is the link between the promise and consent.

Courts analyse:

Why consent was given
Whether consent was voluntary
Whether intimacy was mutual

If consent arose from:

Love
Emotional bonding
Mutual desire

then Section 69 BNS does not apply, even if marriage discussions existed.

Consent cannot be retrospectively withdrawn after a breakup.

Essential Ingredient 5 – Sexual Relationship Based on That Promise

The law requires a direct causal connection between:

The promise of marriage, and
The act of sexual intimacy

Courts look for evidence that:

The promise was the decisive factor
Intimacy would not have occurred otherwise

If the relationship was already physical and marriage discussions came later, this ingredient fails.

Essential Ingredient 6 – Evidence Supporting the Allegation

In modern Section 69 BNS cases, courts rely heavily on evidence.

This includes:

WhatsApp chats
Emails
Call records
Travel history
Medical records

Bare allegations without corroboration are not sufficient.

Digital conduct often exposes whether the relationship was consensual or deceptive.

What Is Not an Ingredient of Section 69 BNS?

Courts have clearly held that the following are not ingredients of Section 69 BNS:

Failure to marry
Emotional trauma after breakup
Societal pressure
Family refusal
Change of mind

Criminal law is not meant to enforce relationships.

How Courts Apply These Ingredients in Practice

Courts do not isolate incidents. They examine the entire relationship holistically.

They assess:

Duration of relationship
Frequency of meetings
Conduct before and after intimacy
Delay in filing FIR
Post-incident communication

If these factors point to consensual participation, courts refuse to criminalise the relationship.

Recommended reading: Learn how courts test false promise to marry cases under Section 69 BNS.

Importance of Section 69 BNS for Men

Understanding the essential ingredients of Section 69 BNS empowers men to:

Respond legally instead of emotionally
Preserve relevant evidence
Avoid self-incriminating statements
Seek appropriate legal remedies

Many false cases fail solely because ingredients are missing.

Recommended reading: If you’re new to Section 69 BNS, read our detailed guide on What is Section 69 BNS in India? Full Legal Explanation.

Conclusion

The essential ingredients of Section 69 BNS act as a legal filter against misuse of criminal law.

Section 69 BNS punishes deception, not disappointment.
It targets dishonest intent, not failed love.
It protects genuine victims while safeguarding innocent men.

Understanding the ingredients of Section 69 BNS is the first step in protecting legal rights in false promise to marry cases.

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Disclaimer: This article is for legal awareness and general informational purposes only and does not constitute legal advice. Every Section 69 BNS case is fact specific and each legal situation is unique. Readers should not act or refrain from acting based on this information without seeking independent professional legal advice.