Understanding Section 69 BNS

Section 69 BNS Explained : Section 69 of the Bharatiya Nyaya Sanhita (BNS) is a critical legal provision that addresses the offense of engaging in sexual intercourse with a woman under false pretenses. Specifically, it targets individuals who use deceitful means or make false promises of marriage without the intention of fulfilling those promises.

This law aims to protect women from fraudulent actions and ensure justice for those who have been wronged by such deceitful practices. The BNS has replaced the Indian Penal Code (IPC) of 1860, bringing significant legal updates, especially with Section 69. This pivotal section criminalizes consensual sex under a false promise of marriage, imposing penalties of up to 10 years in prison and fines. BNS 69 specifically addresses deceitful sexual relations that arise from false promises of marriage, employment, promotion, or identity suppression, distinguishing these cases from rape.


Historically, Indian courts have treated sex based on false marriage promises as rape under IPC sections 375 and 90. However, BNS 69 specifies that consensual sex under false promises can be penalized if the promise was deceitful from the start, unlike instances where legitimate reasons prevented marriage, such as parental opposition or social differences.

What Does Section 69 Say in BNS Act?

Whoever, by deceitful means or by making 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.


Explanation.—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.


Punishment. – Imprisonment which may extend to 10 years and fine

Section 69 of BNS and False Promise to Marry

Section 69 of the Bharatiya Nyaya Sanhita, 2023 focuses on the criminalisation of sexual intercourse by a false promise to marry, which may be through deceitful means with no genuine intention to be fulfilled. This provision has been discussed to have a contrary effect to its actual purpose by reinforcing patriarchal norms and curtailing women’s autonomy, threatening and restricting live-in relationships based on inter-caste and inter-religious lines, and lastly, creating ambiguity in defining the law and urging progressive judicial interpretation.

Sexual intercourse by employing deceitful means

BNS 69 provides punishment for sexual intercourse through deceitful means. Sexual intercourse by employing deceitful means are:

  • having sexual intercourse with a woman
  • by inducement or making false promise of marriage, employment or promotion, or marrying by suppressing identity
  • without any intention of fulfilling the same
  • where such sexual intercourse does not amount to the offence of rape

Click Here to read more about Section 69 BNS in Hindi

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