NAVIGATING SECTION 69 OF BNS: CHALLENGES AND SOLUTIONS IN ADDRESSING SEXUAL OFFENSES THROUGH DECEITFUL MEANS

Sexual intercourse by employing deceitful means

• Section 69 of BNS is a new provision [NEW]
• Section 69 of BNS provides that whoever, by deceitful means or making by promise to marry 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.
• “Deceitful means” shall include the false promise of employment or promotion, inducement or marring after suppressing identity.?

Abstract:

?Sexual offenses involving deceit or false promises pose significant challenges within legal frameworks. This article critically examines the vulnerabilities and potential for abuse within existing laws, focusing on the difficulty in proving deceitful means, subjectivity and ambiguity, consent and intention complexities, and the limited scope compared to rape laws. Subsequently, the article proposes a series of comprehensive solutions aimed at minimizing exploitation and ensuring a fair, protective legal environment.

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Introduction:

?Sexual offenses, particularly those involving deceit or false promises, present unique challenges within legal systems. This article analyzes the vulnerabilities in section 69 of BNS, exploring the potential for abuse and manipulation. Furthermore, it outlines pragmatic solutions to address these issues, emphasizing the need for clarity, consistency, and victim-centric approaches.

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?CHALLENGES IN EXISTING LEGAL FRAMEWORKS:

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·????? Difficulty in proving deceitful means:

1.??? Abuse Potential: Accusers may exploit this difficulty by falsely claiming deceit or false promises, making it challenging for the accused to disprove allegations.

2.??? Manipulation of Evidence: Evidence may be manipulated or fabricated, complicating legal proceedings and potentially leading to unjust outcomes.

·????? Subjectivity and ambiguity:

1.??? Selective Application: The subjective nature of terms like 'deceitful means' or 'false promise' may result in inconsistent application, based on individual interpretations.

2.??? Potential for Manipulation: Lawyers may exploit unclear definitions, allowing guilty parties to escape accountability.

·????? Consent and intention:

1.??? Gray Areas in Consent: Determining consent obtained through deceit can be subjective, leading to false accusations or evasive tactics by the accused.

2.??? Complex Assessments: The complex assessment of intentions may result in prolonged legal battles, hindering justice.

·????? Limited scope compared to rape laws:

1.??? Underreporting of Offenses: Victims may be discouraged from reporting offenses if the legal framework categorizes them differently than rape.

2.??? Inadequate Protection: Explicit statements that the offense does not amount to rape may lead to insufficient legal protection for victims.

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SUGGESTED SOLUTIONS:?

·????? Clarity in Definitions:

1.??? Proposal: Clearly define terms such as 'deceitful means' and 'false promise.'

2.??? Benefits: Precise definitions reduce ambiguity, facilitating consistent application.

·????? Evidentiary Standards:

1.??? Proposal: Establish stringent evidentiary standards.

2.??? Benefits: High standards ensure accusations are supported by credible evidence, reducing the likelihood of false claims.

·????? Legal Safeguards Against False Accusations:

1.??? Proposal: Implement legal safeguards, penalizing baseless claims.

2.??? Benefits: Safeguards discourage misuse, ensuring accusations are made in good faith with supporting evidence. ?

·????? Continuous Legal Education:

1.??? Proposal: Conduct regular training for legal professionals.

2.??? Benefits: Continuous education reduces inconsistencies in legal application by keeping professionals informed of legal changes.?

·????? Consistent Application of the Law:

1.??? Proposal: Encourage consistency through guidelines or precedents.

2.??? Benefits: Guidelines ensure similar cases are treated similarly, promoting fairness.?

·????? Regular Legislative Review:

1.??? Proposal: Establish mechanisms for regular reviews.

2.??? Benefits: Regular reviews adapt laws to societal changes, addressing emerging challenges.

·????? Victim Support and Protection:

1.??? Proposal: Strengthen support systems for victims.

2.??? Benefits: Enhanced support mechanisms empower victims to come forward, improving the overall effectiveness of legal frameworks.

·????? Collaboration with Advocacy Groups:

1.??? Proposal: Collaborate with advocacy groups for legislative improvements.

2.??? Benefits: Involving stakeholders ensures legal frameworks are responsive to survivors' needs and societal norms.

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Conclusion:

Addressing vulnerabilities and potential abuses within laws related to section 69 of BNS is crucial for ensuring justice and protection for all parties involved. The proposed solutions aim to enhance legal frameworks, providing clarity, consistency, and victim-centric approaches. It is imperative that lawmakers, legal professionals, and advocacy groups collaborate to create a legal environment that is both fair and responsive to evolving societal norms.