Decoding Section 69 Of The BNS 2023 - Legal Implications And Threat To Misuse

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T19:12:45.474Z

Updated: 2026-08-30T07:07:58.653Z

DECODING SECTION 69 OF THE BNS 2023: LEGAL

IMPLICATIONS AND THREAT TO MISUSE

Shantanu Shekhar, Associate Advocate, Maitri Law Firm and Associates, Lucknow

ABSTRACT

This paper critically examines the section 69 of BNS 2023 which criminalizes the sexual intercourse obtained under false promise of marriage or through deceitful means. The clause is intended to uphold physical autonomy while ensuring accountability in intimate relationships and it can be seen as a legal protection against deceit and exploitation of women. However, despite its progressive objectives, this section presents significant legal challenges. It contains ambiguities surrounding the concept of consent, the broad and imprecise language used, and the inherent difficulty in establishing criminal intent in such cases. These issues raise concerns regarding the potential misuse, particularly in context where the relationship was consensual but later resulted in conflict or breakdown.

The paper explores the interpretative complexities and evidentiary burdens associated with the law and argues for a more nuanced and balanced approach. It further advocates for legislative clarity and changes to prevent frivolous or malicious litigation, while still ensuring adequate protection for genuine victims of deception in Keywords: consent, deceit, false promise, sexual relationships, exploitation, complexities, misuse.

Introduction

In India, criminal justice system has shifted from colonial codes and legislations to modern and indigenous legal frameworks. In July 2024, Indian legislatures has replaced the Indian Penal Code 1860 (IPC) with the Bhartiya Nyaya Sanhita (BNS). The BNS and IPC are analogous, while some of the original provisions have been amended and revised whereas others continue to be in existence. There are also a few completely new provisions were added in the BNS. In these newly added provisions, section 69 of Chapter V of BNS is one which deals with sexual intercourse by employing deceitful means etc. In various legal systems, cases involving sexual interactions under a commitment of a bogus or false marriage have faced moral as well as legal difficulties. In the past there was a lack of such provisions to address this problem which resulted in significant gap in criminal law framework1.

This gap led to irregularities and ambiguity in dealing with such cases where the crux of the debate frequently centered around differences of consent, deception and the purpose of commitments made in the context of intimate relationships2. Interpretation Within the chapter V of the BNS 2023, under the heading of ‘sexual intercourse by employing deceitful means etc. ’ section 69 establishes two distinct offences. The clause specifies the first violation as engaging in sexual intercourse under the false pretenses and the second as carrying out the act by making a false or fake marriage promise.

The literal statement of the section is ‘Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, 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’. 3 If we take the literal understanding of the clause, it is a criminal offence to deceive a woman into engaging in intercourse by making a fake promise of marriage which the offender has no intention of executing. This section additionally covers sexual engagement that is facilitated 1 Kinjal Majumdar and Basupriya Chattopadhyay, Deciphering the Legal Implications of Section 69 in BNS: A Comprehensive Analysis, 7 (2) IJLMH Page 853-861 (2024), DOI: https: //doij. org/10. 10000/IJLMH. 117148

2 Bharatiya Nyaya Sanhita (BNS), 2023 on False Promise of Marriage (March 18, 2024, 10:33 AM),

https://www.civilsdaily.com/news/nyaya-sanhita-false-promise-of-marriage/

3 The Bhartiya Nyay Sanhita ,2023, s.69

by deceitful means, such as making untrue assertions about an employment opportunity, a promotion, or a marriage while masking one’s real identity. It also states that although this act does not amount to rape, it is a serious violation that bears a maximum ten-year prison sentence and a fine.4 This provision intends to deter persons from exploiting women by dishonest means, recognizing the damage that may be inflicted by breaching trust and exploiting intimate relationships under false pretenses. This provision can be categorized into three parts, in general sense-

1. According to the explanatory clause of the provision “deceitful means” is defined as

enticement of a deceptive offer of employment, promotion, or identity concealment. This is for the first time, in the history of Criminal Justice System of India that engaging in sexual activity with a woman through deceptive offer of employment, a raise in current employment and concealment of one’s true identity, will be constituted as an offence.5

2. In the latter part of the provision, obtaining consent of a woman for sexual intercourse on

the false pretext of a future marriage has been made punishable. In the IPC there existed a similar provision titled ‘cohabitation caused by a man deceitfully inducing a belief of lawful marriage.’ Nonetheless, this provision widens the ambit of the previous one and strengthens women’s protection against any sort of sexual exploitation.

3. The concluding part of the provision makes it clear that such an offence will not amount to

rape but considering the graveness of the act and recognizing its impact on victim’s personal and social life, a punishment of ten years of imprisonment along with fine, has been provided in it. Challenges The primary aim of the provision is to safeguard women against any kind of lure for exploitation. It is clear from the language of the provision that only women can seek redressal for consent that was obtained deceitfully. However, gender-based orientation of the clause is a significant issue; it neglects to offer any legal remedies to men who may become victims of

4 Shots,L,& Shots,L. (2024, September 23). How Adultery Laws Evolved in India?

Retrieved from https://thelegalshots. com/blog/how-adultery-laws-have-evolved-in-india/ 5 Kalia, S. (2023, September 7). How are ‘false promise to marry’ cases treated in the new criminal law Bill? Explained. Retrieved from https://www. thehindu. com/news/national/how-are-false-promise-to-marry-casestreated-in-the-new-criminal-law-bill-explained/article67213081. ece such fraudulent circumstances. This overview raises questions regarding equality before law and the requirement for more comprehensive framework that encompasses the rights and safeguards of every individual, irrespective of gender, in matters concerning consensual intimate relationships and deception. 6 Under this clause, it is a crime to engage in sexual activities through a false commitment of employment or promotion, recognizing the deception and abuse that occur and such an act doesn’t amount to rape.

There exists a vagueness in the law that if the accused later satisfies the promise through offering the job or promotion, whether the criminal offense still persists. This ambiguity enables multiple interpretations, especially in circumstances where the promise’s sincerity could be disputed. The uniformity of legal proceedings could get hampered by this disparity because different courts may assess and interpret the same fundamental law. There is another challenge in establishing deceit and intention in cases related to this clause. The prosecution’s objective is to establish that the marriage promise was made with no true intention to carry it out which puts the burden of proof upon the victim who now has to prove that the accused had no intention of marrying her at the time of the promise made by him7.

It can be difficult to prove that the accused did not have serious intentions to marry, particularly if the accuse claim to have had plans to marry but later changed that plan. On the other hand, the courts will have to determine the true intentions of the accused, which may result in unfair approaches and different conclusions in cases that are alike. It is also challenging to distinguish between false promise and breach of trust. If a man expressed a genuine intention of marriage initially but did not go through it ultimately, it does not necessarily mean that he has deceived the woman solely to engage in sexual activities. There can be other reasons as well for not executing the promise of marriage. Thus, intent plays a crucial role in determining the nature of the relationship and the consequences of the promises made, which in some cases is difficult to interpret.

6 Analysing the Vagueness and Shortcomings of Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 6, November-December 2024. 7 Sandhya Ram, “Critiquing Section 69 of Bharatiya Nyaya Samhita: A Shamefully Misogynistic Approach? ,” Live Law (accessed July 5, 2024), https://www. livelaw. in/articles/shamefully-misogynistic-section-69-bharatiyanyaya-samhita-262052.

Possibilities of Misuse Given that, the law is not gender-inclusive and that only women are entitled to file a complaint under this clause, there is a considerable probability that it will be misused targeting men in particular. Moreover, there is no defined time frame in the law for a sexual relationship to last, after which a woman may charge a man under this section. In absence of any such description live-in relationships, long term affairs or any premarital relationship between a woman and man can be turned into a deceitful promise of marriage case. 8 The nature of the offence under this provision is cognizable and non-bailable which means a man charged under this provision will be promptly arrested, solely on the basis of the statement given by a woman in cases of intimate relationships.

The statement of woman would be regarded as sufficient, credible and adequate on its own to arrest and prosecute a man charged under this law. 9 As a result, any relationship of such kind between a man and woman may bear the consequences of a sexual offences case for the man anytime. The expression “deceitful means” is inherently broad and susceptible to subjective interpretation, which may result in its potential misuse in legal proceedings. Lacking a consistent and explicit framework that distinguishes intentional deception from minor, unintentional, or inconsequential miscommunications, there is a substantial risk of problematic outcomes, arbitrary application and potential injustice where a man may be blamed and prosecuted unfairly. This ambiguity could result in the erosion of legal safeguards and administration of justice might get affected.

In recent years there has been a surge in false cases of domestic violence filed by women. Like these cases, a man charged and being accused of engaging in sexual activities through deceitful means, it can severely damage his social and public reputation. Depending upon public profile of the cases, the accused may face media trials, public shaming and social outrage. This can lead to the social isolation of the accused and disturbance in relation with family, colleagues 8 Sarraf, Adv. Sanjay & Kumar, Deepak. (2024). The Bharatiya Nyaya Sanhita: A Comprehensive Overview of India's New Criminal Law. 9 Ali, S. M. A. , Vashist, A. , & Ghose, A. (2024). Revised on 01 April 2024-wl-2807-Bharatiya Nyaya Sanhita and False Promise to Marry. Economic & Political Weekly, 59(18). and friends.

10 In some cases, this social stigma can have a long-lasting effect on the accused’s personal and professional life. There is a legitimate concern that the provision may be misused as a means of coercion, particularly through filing of complaints with the intent to extract monetary settlements from the accused. The threat of legal action, even if unsubstantiated, can pressure individuals into financial settlements to avoid reputational damage and prolonged litigation. This not only undermines the foundational principles of justice but also creates and environment where law is weaponized for personal gain. Conclusion Section 69 of BNS signifies an important development in the legal framework dealing with sexual consent and individuality.

The criminalization of deceitful sexual relation recognizes the severe harm that deception can cause and it is major step in safeguarding and protecting woman from exploitation and manipulation; however, there are substantial barriers to its implementation. The language used in the provision is vague and there are difficulties in proving the intention. The law is extremely prone to misuse due to the unclear definition of consent. There is a need of precise legal interpretations and exact definitions to feed the terminology used in the clause for enabling its effective enforcement. The true effectiveness of the law relies not only in its execution but also in its integration into more comprehensive social and educational reforms that foster an environment of decency, openness, and mutual consent in sexual relations.

11 The competence of the courts to deal with the complexities of the intention and deceptive promises is vital for the effective implementation of the law. Consequently, further amendments and judicial elucidation is required for its proper execution. While the purpose behind the provision may be viewed as progressive in nature, its present framing follows a gender specific structure that inadvertently excludes members of LGBTQ+ community. The need for a more inclusive legal framework that recognizes and respects the diversity of gender identities and sexual orientation observed in contemporary society is highlighted by this exclusion. The incorporation of gender-neutral language into the provision 10 Bhardwaj, P. (2024). "Protecting Women from Deceitful Promises: A Critique of Section 69 of the BNS, 2023. " Journal of Indian Legal Studies, 17(2), 45-62. 11 Choudhury, S. , & Sinha, A.

(2023). "Deception and Consent: Examining the Ambiguities of Section 69 of the BNS, 2023. " Indian Law Review, 29(1), 99-114. would not only foster equality and non-discrimination, but also align the law with advancing human rights standards and constitutional values. Such a reform would ensure that the legal system remains sensitive to the needs of everyone, irrespective of gender or sexual identity, and it would reflect the progressive shift in societal understanding.