Bharatiya Nyaya Sanhita (BNS), 2023 — Section 69 Explained
The Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the colonial-era Indian Penal Code (IPC), introduces several progressive reforms—particularly regarding crimes against women. One of the most significant additions is Section 69, which criminalizes sexual intercourse obtained through deception under the false pretext of marriage.
For anyone seeking clarity on this law, consulting some of the best legal consultant services can offer expert insights.
🔍 What Does Section 69 of BNS 2023 State?
Section 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.”
This means:
- If someone intentionally deceives another person with a false promise of marriage to engage in sexual relations, it is a punishable offence.
- The key factor is the intention to deceive, i.e., the promise was never genuine.
💡 Note: To understand the implications of this law in an individual case, it's advised to consult a good legal consultant.
⚖️ Punishment
- Imprisonment: Up to 10 years
- Fine: As determined by the court
This provision is designed to protect individuals—especially women—from being exploited based on false trust and promises.
✅ Key Elements of the Offence
For a case to qualify under Section 69, the following must be established:
- The accused made a false promise of marriage with no real intent to fulfill it.
- The victim consented to sexual activity based on this promise.
- The intent to deceive existed at the time the promise was made.
🔄 Distinction:
- False Promise = Intent to deceive from the beginning → Punishable
- Breach of Promise = Genuine intent failed later due to circumstances → Not punishable
📌 Why Is This Law Important?
This section addresses a grey area in sexual offence cases—where consent was obtained by fraud. It:
- Upholds the dignity and autonomy of individuals
- Sends a strong message that consent under deception is not valid consent
- Provides a legal avenue to fight sexual exploitation
If affected, victims should seek help from Best Legal Consultant Services for proper legal guidance.
🛡️ Legal Recourse for Victims
Victims can:
- Lodge an FIR at the nearest police station
- Approach the magistrate under applicable criminal procedure
Once filed, the case will be investigated as a cognizable offence. If proven, the accused can face serious legal consequences.
⚖️ A good legal consultant service can assist at every stage—from filing FIRs to court representation.
🧾 Conclusion
The inclusion of Section 69 in the BNS, 2023 is a progressive step in recognizing and penalizing sexual exploitation under false pretenses of marriage. It:
- Acts as a deterrent
- Emphasizes that consent obtained through fraud is not valid
- Strengthens the legal framework for protecting women
If you or someone you know is affected, don't hesitate to reach out to the Best Legal Consultant Services to ensure justice is served.