Section 69 of The Bharatiya Nyaya Sanhita (BNS)

If you’re in a serious relationship, Your partner keeps making promises and plans for the marriage. Based on these promises, you might feel comfortable taking things further physically. But what happens if your partner never intended to marry you and just used those promises to get intimate? That’s where Section 69 of the BNS comes in. Section 69 of The Bharatiya Nyaya Sanhita (BNS) in CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILDREN Of Sexual offences recognizes the complexities of relationships and the potential for exploitation. Section 69 specifically addresses situations where sexual advantage is obtained through a deceitful promise of marriage.

The provision: Section 69 of The Bharatiya Nyaya Sanhita

Sec. 69. Sexual intercourse by employing deceitful means, etc.

Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and 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 the false promise of employment or promotion, inducement or marring after suppressing identity.

Understanding The Provision

This provision deals with situations where a man has sexual intercourse with a woman by:

Deceitful means (Lying): This could involve false promises of marriage, jobs, promotions, or even hiding his true identity.
False promise of marriage: He convinces her to have sex with the promise to marry her, but never intends to follow through.

Must understand:

The sex must be consensual (with consent of women), but her consent is based on a lie.
This law recognizes that a woman’s consent can be tricked or manipulated. If she wouldn’t have agreed to sex without the false promise, then her consent is not truly free.
This law is intended to protect women from being tricked into sex based on false promises.
The Punishment for this offence is imprisonment for up to 10 years and fine.

Explain “Deceitful Means”

1. False Promises

While a false promise of marriage is a central theme in Section 69, the BNS recognizes that other forms of deception can be equally manipulative. The explanation clarifies that Section 69 extends beyond the specific offence of a false promise of marriage. “deceitful means” includes a wider range of false promises used to exploit someone’s trust and gain sexual consent. These include, but are not limited to:

False Promise of Employment: This refers to a situation where an individual makes the promise to offer a job opportunity to establish a relationship with the victim. This creates an undue influence and a sense of obligation, making the victim less able to resist due to the promise.
False Promise of Promotion: Similarly, an individual might falsely promise for a promotion within the victim’s workplace in exchange for sexual favours. This exploits the victim’s career aspirations and creates an unfair advantage.

2. Suppressing of Identity as a Deceitful Tactic

The definition of “deceitful means” further expands by incorporating the act of “inducing or marrying after suppressing identity.” This addresses situations where someone deliberately conceals their true identity or marital status to develop a relationship. This could involve:

Misrepresenting Marital Status: A married individual might falsely claim to be unmarried or single to initiate a relationship and obtain sexual favours.
Concealing Criminal History: Hiding a criminal past, such as a history of sexual assault, can also be considered a deceitful tactic.

Ingredients of the crime :

The man had sexual intercourse with the woman.
He used deceitful means or made a false promise of marriage.
He never intended to marry her.
The woman agreed to sex because of the lie/false promise (her consent was not genuine).
The sex was not rape (there was no force or threat).

Understanding the Difference between False Promise and Breach of Promise:

Section 69 targets a very specific situation: someone making a false promise of marriage to a woman with the sole intention of getting sexual relations. It’s crucial to understand the difference between this and a simple breach of promise.

False Promise: This is the basic concept under Section 69. It means when the accused making the promise of marriage never intended to follow from the beginning. The promise was a lie, he used it as a weapon to manipulate the victim for sextual advantages.
Breach of Promise: This means the accused making a genuine promise to marry, but later due to any unforeseen situations he could not follow his promise and marry the victim. In this situation the initial intention to marry was there.

The Bharatiya Nyaya Sanhita, 2023 (BNS)

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Supreme Court judgements on false promises and Breach of Promise of marriage in rape cases :

Anurag Soni v State (2023): This judgement clarifies that if a woman’s consent for sexual intercourse is based solely on a false promise of marriage made by the accused with no intention of fulfilling it, then such consent is invalid, and the act amounts to rape.
State of M.P. v. Pappu Lal (2017): This case highlights the distinction between a mere breach of promise and a false promise made with the sole intention of seduction. If the accused genuinely intended to marry but couldn’t due to unforeseen circumstances, it wouldn’t be rape.
Uday v. State of Maharashtra (2003): This judgement emphasizes that the prosecution needs to establish that the promise to marry was a mere hoax from the beginning, and the woman’s consent was solely based on this misconception.
Jayanti Rani Panda v. State (1984): This case, cited with approval in Uday v. State of Maharashtra, underlines the difference between a false promise made to exploit the woman and a genuine promise later broken due to unforeseen reasons.

These judgements provide a framework for understanding how courts evaluate false promises of marriage in rape cases under the IPC. They establish that such a promise can negate consent if it was made with malicious intent and solely to obtain sexual favours.

We trust that this article has provided a comprehensive understanding of Section 69 of the Bharatiya Nyaya Sanhita. Our primary objective is to empower readers with clear and accessible legal knowledge.

The BNS being a recent enactment, the possibility of future amendments to its provisions cannot be entirely disregarded. We are committed to keeping your legal understanding current. Please revisit our website for informative updates and new articles.