Section 69 BNS Triable by Which Court? – A Complete Guide

Section 69 BNS triable by which Court? Learn the jurisdiction, trial process, and punishment under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the Indian Penal Code in India, introducing several new provisions, including Section 69 BNS which deals with the offence of false promise to marry. Since this is a relatively new provision, one of the most common queries is: “Section 69 BNS triable by which Court?” Understanding the jurisdiction and trial procedure under this section is crucial for both complainants and accused persons.

Understanding Section 69 BNS

Section 69 BNS criminalises obtaining sexual relations on the false promise of marriage. Under the old Indian Penal Code, such conduct was typically prosecuted under provisions relating to cheating or rape on the pretext of marriage. Now, Section 69 BNS clearly recognises it as a separate offence.

Key elements of Section 69 BNS:

• Applies only when a man is accused and a woman is the complainant.

• The false promise of marriage must be proved to be deliberate and deceptive at the outset.

• Punishment may involve imprisonment, fine, or both, depending on the facts of the case.

Cognizable or Non-Cognizable?

According to Schedule 1 of the BNS, Section 69 is classified as a cognizable and non-bailable offence. This classification matters because it determines who investigates and which court has jurisdiction to try the case.

Section 69 BNS Triable by Which Court?

Under the First Schedule of the Bharatiya Nyaya Sanhita, the trial of an offence depends on the maximum punishment prescribed and whether the offence is cognizable or bailable.

• Cognizable and non-bailable offences with punishment up to 7 years are usually triable by a Magistrate of the First Class.

• Offences with higher punishment or involving serious circumstances may be triable by the Court of Session.

For Section 69 BNS, since the punishment typically extends up to 10 years (as per official classification at the time of writing), the offence falls within the jurisdiction of the Court of Session. This means:

• The police can register an FIR directly without prior magistrate approval.

• After the investigation, the charge sheet is submitted to the magistrate, who then commits the case to the Sessions Court for trial.

• Bail applications will usually be moved before the Sessions Court because of the non-bailable nature of the offence.

In summary:

Section 69 BNS cases are triable by the Court of Session, not by a Magistrate’s Court.

Why the Court of Session Matters

Knowing the trial court helps both parties prepare appropriately:

• For complainants: The Sessions Court offers a more formal, higher-level forum with greater procedural safeguards.

• For accused persons: The stakes are higher, requiring experienced legal representation and a robust defence strategy.

• For bail and anticipatory bail: Applications must usually be filed before the Sessions Court first.

Practical Tips for Accused Persons

If you or someone you know faces allegations under Section 69 BNS, here are some immediate steps:

• Consult an experienced criminal lawyer who understands the BNS.

• File for anticipatory bail under Section 438 of the CrPC (as adapted under the BNSS) before arrest.

• Preserve all evidence (messages, emails, call records) that could show the relationship was consensual and not based on deception.

• Prepare for a Sessions Court trial by understanding its stricter evidentiary standards.

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