What is Section 69 of BNS (Bharatiya Nyaya Sanhita) 2023? In this post, we will learn about Sec 69 of BNS.
What is Section 69 of BNS?
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
Section 69 Bharatiya Nyaya Sanhita
The provision outlines a criminal act where an individual engages in sexual intercourse with a woman using deceitful means or by making a false promise to marry her, without any intention of fulfilling that promise. It clarifies that this offence is distinct from the offence of rape. The punishment for this offence includes imprisonment for a term that can extend up to ten years, along with the imposition of a fine.
- Deceitful Means:
- The term “deceitful means” refers to methods involving dishonesty or trickery. In this context, it includes actions like making false promises, providing misleading information, or using any form of deception to induce the woman into a sexual relationship.
- False Promise of Marriage:
- The provision focuses on individuals who make a promise to marry a woman but have no genuine intention of fulfilling that promise. This false promise is used as a means to establish a sexual relationship with the woman.
- Distinction from Rape:
- The provision specifies that the offence described is not equivalent to the crime of rape. Rape typically involves sexual intercourse without the consent of one of the parties, whereas this offence centres around obtaining consent through deceit or false promises.
- The prescribed punishment for this offence is imprisonment, with the term ranging up to ten years. This serves as a deterrent to individuals engaging in deceptive practices to exploit others for sexual purposes.
- In addition to imprisonment, the offender is also liable to pay a fine. The imposition of a financial penalty aims to further discourage individuals from using deceitful means or false promises to engage in sexual activities.
- Explanation of “Deceitful Means”:
- The explanation section of the provision clarifies that “deceitful means” encompasses actions such as falsely promising employment or promotion, as well as inducing marriage while suppressing one’s true identity. This ensures a broad interpretation of the term to cover various deceptive tactics.
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Example of Section 69 BNS (Bhartiya Nyaya Sanhita)
Consider a scenario where a person, let’s call him Alex, pretends to be a successful professional looking for a serious long-term relationship. Alex meets a woman, expresses deep feelings for her, and promises to marry her. However, in reality, Alex has no intention of marrying her and is only interested in engaging in a sexual relationship.
If the woman later discovers Alex’s deceitful intentions and reports the incident to the authorities, Alex could be charged under the described legal provision. If found guilty, Alex may face imprisonment for a term of up to ten years and be liable to pay a fine. The false promise of marriage and the deceitful means used to establish a sexual relationship would be key elements in proving the offence.