What does Section 69 of Bharatiya Nyaya Sanhita (BNS) Says?

Section 69 of the Bhartiya Nyaya Sahita (BNS): Sexual Intercourse by Employing Deceitful Means

What Section 69 BNS says

69 "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.

Explanation.—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.

Section 69 of the Bhartiya Nyaya Sahita (BNS) addresses the offense of engaging in sexual intercourse with a woman by using deceitful means or making a false promise of marriage without the intention of fulfilling that promise. This provision aims to protect women from exploitation and emotional harm caused by false commitments and deceptive actions. The section outlines severe penalties for such behavior to act as a deterrent.

Key Provisions of Section 69

1. Offense Definition:

- The section criminalizes sexual intercourse with a woman under the following circumstances:

- By deceitful means.

- By making a promise to marry without any intention of fulfilling the promise.

2. Punishment:

- The punishment for committing this offense is imprisonment of either description for a term which may extend to ten years.

- Additionally, the offender is liable to a fine.

3. Explanation of "Deceitful Means":

- The term "deceitful means" includes:

- Inducement for employment or promotion.

- False promise of employment or promotion.

- Marrying by suppressing identity.

Detailed Explanation and Implications

Offense Definition:

- Deceitful Means:

- The use of deceitful means involves tricking or misleading a woman into engaging in sexual intercourse. This could involve false promises or deceptive actions designed to gain the woman’s trust and consent under false pretenses.

- Promise to Marry:

- Making a promise to marry a woman without any intention of fulfilling that promise is considered a deceitful act. This provision targets individuals who exploit a woman’s trust and emotions by falsely committing to marriage to persuade her to engage in sexual intercourse.

Punishment:

- The section prescribes a stringent punishment to act as a deterrent against such deceitful practices. The imprisonment term can extend up to ten years, reflecting the seriousness of the offense. The inclusion of a fine further reinforces the punitive measures, ensuring that offenders are penalized both by deprivation of liberty and financially.

Explanation of "Deceitful Means":

- The explanation provides clarity on what constitutes "deceitful means." It includes:

- Inducement for Employment or Promotion:

- Offering employment or promotion as an inducement to engage in sexual intercourse constitutes deceitful means. This addresses situations where power dynamics in workplaces are exploited.

- False Promise of Employment or Promotion:

- Making false promises regarding employment or promotion to lure a woman into sexual intercourse falls under deceitful means. This provision aims to protect women from exploitation based on fabricated career opportunities.

- Suppressing Identity:

- Marrying a woman by suppressing one’s identity (e.g., hiding one’s religion, marital status, or other significant personal information) is considered deceitful. This ensures that women are protected from being deceived into marriages under false identities.

Legal and Social Implications

Protection of Women:

- Section 69 significantly strengthens the legal framework protecting women from exploitation through deceit and false promises. It acknowledges the emotional and psychological impact of such deceitful acts and provides a legal avenue for redress.

Deterrence:

- The severe penalties prescribed under this section serve as a strong deterrent against committing such offenses. The possibility of a ten-year imprisonment term and financial penalties are intended to discourage individuals from engaging in deceitful practices.

Recognition of Non-Rape Sexual Exploitation:

- By explicitly addressing sexual intercourse that does not amount to rape but involves deceit, the section broadens the scope of sexual exploitation recognized under the law. This acknowledges that sexual exploitation can occur in various forms, not limited to rape.

Challenges and Considerations:

1. Proof of Intent:

- Proving the intention behind the deceitful promise can be challenging. Courts must carefully evaluate evidence to establish that the promise to marry or other inducements were made without any genuine intention of fulfillment.

2. Awareness and Enforcement:

- Effective implementation of this section requires awareness among women about their legal rights and recourse. Law enforcement agencies and judicial officers must be sensitized to handle such cases with the necessary empathy and seriousness.

3. Societal Attitudes:

- Societal attitudes towards relationships and promises of marriage need to evolve to support the enforcement of this section. Recognizing the harm caused by deceitful promises and addressing it legally is crucial for societal progress.

Conclusion:

Section 69 of the Bhartiya Nyaya Sahita (BNS) is a crucial legal provision aimed at protecting women from sexual exploitation through deceitful means and false promises of marriage. By prescribing stringent penalties and clearly defining what constitutes deceitful means, this section provides robust protection against such exploitative acts. Effective implementation, awareness, and sensitivity towards the victims are essential for realizing the full potential of this legal provision.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.com