What is Section 69 BNS in India? False Promise of Marriage

Wondering what is Section 69 BNS in India? Here’s everything you need to know about its meaning, punishment, procedure, and how to protect yourself legally.

With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, India’s criminal justice system has undergone a major overhaul. Among the most talked-about sections is Section 69 BNS, which specifically deals with cases where sexual intercourse happens through deceitful means or false promises of marriage.

With Section 69 of BNS now in force, there is growing confusion and debate around its scope and implications. This new law has significantly changed how the legal system views allegations of sexual relationships based on false promises or deceit. Now, even a failed relationship, a broken engagement, or a misunderstanding between two consenting adults can potentially lead to criminal prosecution under Section 69 BNS.

As lawyers handling such cases, we believe it’s important to explain the law in simple terms – its meaning, punishment, and available legal remedies. If you’ve heard about Section 69 BNS but don’t fully understand what it means, or worse, if you or someone you know is already facing such a case, this article will give you a clear, lawyer-reviewed explanation of the law, its meaning, punishment, and procedure.

What is Section 69 BNS in India?

Section 69 criminalizes situations where a man engages in sexual relations with a woman by making a false promise of marriage or using deceitful tactics, without ever intending to marry her.

In simple words:
If a person tricks a woman into sexual relations by promising marriage with no real intention of fulfilling it, it can now lead to criminal prosecution under Section 69 BNS.

Legal Text of Section 69 BNS:

Section 69 – Sexual intercourse by deceitful means, etc.
“Whoever, by deceitful means or by making a false promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.”

Key Elements of Section 69 BNS (What Must Be Proven in Court)

For someone to be convicted under Section 69 BNS, the prosecution needs to establish the following:

1. Sexual intercourse took place.

2. There was deceit or a false promise of marriage.

3. The accused had no intention to marry from the very beginning.

4. The woman gave consent solely because of this false promise or deceit.

Important: Just breaking off a relationship or cancelling an engagement doesn’t automatically mean the accused is guilty. The focus is on the intention at the time of making the promise.

What is Considered “Deceitful Means”?

Section 69 BNS doesn’t limit itself to false promises of marriage. The law also covers other forms of deception, such as:

• Lying about one’s identity (name, religion, marital status, etc.)

• Falsely claiming a job, social position, or wealth

• Promising career opportunities, promotions, or other inducements

• Any other act where consent was obtained by manipulation or fraud

Punishment under Section 69 BNS:

If convicted, the punishment can be:

• Imprisonment for up to 10 years, and

• Fine (amount to be decided by the court)

This is a serious, non-bailable, and cognizable offense, meaning the police can arrest the accused without a warrant and start an investigation without prior approval from a magistrate.

Is Section 69 BNS Similar to Rape Laws?

Section 69 BNS draws some parallels with the concept of rape by false promise of marriage, previously covered under Section 375/376 IPC.

However, there are key differences: