Thane Court Denies Bail in Section 69 BNS Rape Case Over False Promise to Marry
Thane Court denies bail in a Section 69 BNS rape case over false promise to marry, highlighting victim protection, risk of evidence tampering, and legal precedent. A key early precedent in interpreting the new law.
In October 2024, the complainant posted her profile on a matrimonial website. The accused approached her through the platform. She alleged that he engaged in sexual intercourse with her on the assurance of marriage, later taking obscene photos. When she refused to meet further demands, he allegedly threatened to release these images online.
The complainant lodged an FIR in June 2025. The accused was arrested on 26 June 2025.
Issue: Whether bail should be granted to an accused charged under Section 69 BNS for sexual intercourse by deceitful means, specifically a false promise to marry.
Arguments:
For the Accused:
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The allegations were false and motivated.
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Continued detention was unnecessary for investigation.
For the Prosecution:
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The victim’s upcoming marriage could be jeopardized by any intimidation or contact.
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High risk of evidence tampering and witness influence.
Court’s Observations:
The court emphasised:
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The serious nature of the offence under Section 69 BNS, carrying up to 10 years imprisonment.
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The vulnerability of the victim given her impending marriage.
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The likelihood of interference with the investigation if bail was granted.
Decision:
Bail application rejected.
Source: News! read it here!
Our View:
This decision is an early indicator of how courts may treat Section 69 BNS cases differently from the old IPC Section 376 read with 417/420 approach. The court’s emphasis on victim protection aligns with the legislative intent to address sexual exploitation via deceit with greater severity.
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Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should not act or refrain from acting based on any information on this site without seeking professional legal advice.