Section 69 BNS - Sexual Intercourse due to False Promise to Marry ; An Offence

In the recently enacted Bharatiya Nyaya Sanhita (BNS) 2023 , a significant provision has been introduced where if any person promises to marry another individual without the intention of fulfilling that promise and engages in consensual sex with them, it will amount to a criminal offense under Section 69.
 

Bharatiya Nyaya Sanhita 2023

The BNS is one of three new criminal laws introduced by the Union Government. The Act has replaced the Indian Penal Code (IPC) of 1860 and identifies ‘sexual intercourse on false promise of marriage’ as a distinct offense. 

Previously, the IPC did not specifically carve out this offense, but courts have dealt with similar cases under other provisions within the criminal law framework.

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What Does Section 69 BNS Say?

Chapter 5 of the Act, titled “Offences Against Women and Children,” includes Section 69, which addresses sexual intercourse obtained through deceitful means. It states that whoever, by deceitful means or by making a false promise of marriage without any intention of fulfilling it, engages in sexual intercourse with a woman, shall be punished with imprisonment of up to 10 years and shall also be liable to a fine.

Deceitful Means

The term "deceitful means" under Section 69 includes making a false promise of employment or promotion, as well as engaging in sexual intercourse after suppressing one’s identity. The provision specifically targets cases where a man makes a promise to marry a woman with no intention of fulfilling it, solely to obtain her consent and sexually exploit her.
 

Penalty

The offenses under this section will carry a penalty of up to 10 years of imprisonment, along with fine. 
 

How Has IPC Dealt with Cases of ‘False Promise to Marry’?

Data on Cases of False Promise to Marry

• Delhi Police Data: In 2016, a quarter of the total rape cases registered in Delhi involved sex under a “false promise of marriage.”

• NCRB Data: The National Crime Records Bureau recorded 10,068 cases in 2016 where rape was committed by known persons under the promise of marriage.
   

Causes

Cases can typically arise in two situations:

1. When rape is committed and the promise of marriage is used to silence the victim.

2. Where the promise is made to persuade the victim into entering a sexual relationship.
    

IPC Provisions

Such cases have been dealt with by a joint reading of Sections 375 and 90 of the IPC.

• Section 375: Defines rape and specifies that consent must be an unequivocal, voluntary agreement. It lists various forms of invalid consent, including those Ji obtained through fear, intoxication, or deception.

• Section 90: Clarifies that consent given under “fear of injury” or due to a “misconception of fact” is not valid consent.

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Court Rulings

• Supreme Court (2021): Reiterated that under Section 375, a woman’s consent must involve an active and reasoned deliberation towards the proposed act.

• Karnataka Court: Ruled that educated women in premarital relationships cannot claim rape after the relationship ends, as they are considered mature enough to understand the consequences.
   

Difference Between ‘False Promise of Marriage’ vs ‘Breach of Promise’

Both are distinguished based on whether the man intended to marry at the time of engaging in sexual relations. These situations are handled under two parameters:

• No intention to marry: If the promise was made with the intention of being broken later, it would vitiate the woman’s consent due to a misconception of fact, thus constituting rape, and therefore an offence under Section 69 BNS.  

• False Promise: The false promise must be directly relevant to the woman’s decision to engage in the sexual act.

Supreme Court Observations

• False Promise: It is given with the understanding that it will be broken.

• Breach of Promise: Made in good faith but not subsequently fulfilled.

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Issues Involved in Proving ‘Intention’ to Marry

Central Issue

The primary issue revolves around how consent is obtained—whether through deceitful means or due to a misconception—and whether the man ever intended to marry the woman.

Codification of Offense

Section 69 in the BNS codifies the offense, though it does not resolve the complex distinction between ‘false promise’ and ‘breach of promise.’

Victim Blaming and Potential Misuse

Critics have noted that the law could shift the burden onto women to prove that their consent was vitiated. There is also the risk of the law being used as a weapon for vengeance or personal vendetta.
 

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Why do you Need a Lawyer?

For a case under Section 69 BNS , you will require the help of a lawyer, whether you are a victim, or an accused. A lawyer will help navigate through complex legal issues involved in proving or defending a Section 69 BNS matter. He/she will prepare your case according to your needs, draft and guide you to gather evidence. A good criminal laywer is quintissential as this decision can make or break your case.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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