BNS Section 69: Sexual Intercourse by Employing Deceitful Means, etc
Section 69 of BNS is part of Chapter 5- Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It criminalises sexual intercourse achieved through deceitful means, false promises, or fraudulent representations. The section ensures that consent obtained under false pretenses is not legally valid.
Definition of BNS Section 69
Section 69 of the BNS 2023 States:
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' includes inducements such as false promises of employment, promotion, or marriage by concealing one’s true identity.
Explanation and Illustration of Section 69 (Bharatiya Nyaya Sanhita, 2023)
This section deals with cases where an individual deceives a woman by making false promises, particularly the promise of marriage, without any intention to fulfill it, in order to coerce her into sexual intercourse. The act does not qualify as rape, but it is still a criminal offense due to the deceit involved.
Punishment: The offender is subject to imprisonment for up to 10 years and may also be required to pay a fine.
- Example: A man promises to marry a woman and uses this false assurance to gain her trust. After gaining her consent under the pretense of marriage, he engages in sexual intercourse without any intention of marrying her. Since the act is based on deceit and not rape, the man can be punished under Section 69 with imprisonment up to 10 years and a fine.
Key Points of BNS Section 69
Deceptive Conduct: This refers to any dishonest or fraudulent actions intended to mislead or manipulate another person. In this context, it involves intentionally tricking a woman into engaging in sexual relations under false pretenses.
Promise of Marriage: This refers to a commitment made by a man to marry a woman. Under this section, the promise is considered fraudulent if the man had no intention of marrying her from the beginning.
Sexual Intercourse: The act must have been consensual but based on deceit, where the woman was led to believe in the promise of marriage. Although this act does not constitute rape under the law, it remains a criminal offense.
Punishment: Anyone convicted under this section may face imprisonment of up to 10 years and/or a fine.
Key Definitions:
Differences Between Section 69 of BNS 2023 and its Equivalent IPC section
This section outlines the key differences between Section 69 and its equivalent Indian penal code IPC Section 376 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 69 | Sexual intercourse by employing deceitful means etc. | '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.' |
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FAQs about Section 69 of the Bharatiya Nyaya Sanhita (BNS)
Can false promises of marriage lead to prosecution under Section 69?
Yes, false promises of marriage made with the intent to deceive and obtain consent for sexual acts fall under the purview of this section and are punishable by law.
Does Section 69 apply to workplace scenarios?
Yes, the section applies to workplace situations where false promises of employment, promotion, or career advancement are used as inducements for sexual consent.
What role does intent play in Section 69?
Intent is crucial in determining guilt under this section. The prosecution must establish that the offender knowingly and deliberately used deceitful means to obtain consent.
How does Section 69 address power dynamics?
By criminalizing inducements like false promises of promotion or employment, the section addresses power imbalances that can lead to exploitation in hierarchical relationships.
How does Section 69 complement other provisions of the BNS?
Section 69 works alongside other provisions that address consent, fraud, and exploitation, creating a comprehensive legal framework to prevent misuse of power or deceit in obtaining sexual consent.
What is the societal impact of Section 69?
The section promotes accountability and transparency in interpersonal relationships, discouraging deceitful practices and fostering a culture of informed and voluntary consent.
Does Section 69 protect against repeated offenses?
Yes, repeated acts of deceit for obtaining sexual consent can lead to stricter penalties, highlighting the law's commitment to preventing habitual exploitation of victims.
What message does Section 69 send to society?
Section 69 reinforces the principle that consent must be free from fraud, coercion, or manipulation, promoting respect for individual autonomy and ensuring accountability for deceptive practices.
