Section 69 of the new Bhartiya Nyaya Sanhita has provision for up to 10 years’ jail for sexual relationships by deceit, including on the pretext of marriage. Experts worry that Section 69 could be used to harass and jail men for breaking up with their partners. Here’s what experts have to say about the new law.
Relationships, consent and marriage have always been tricky terrain for law enforcement. This tricky terrain is back in focus as the new Bhartiya Nyaya Sanhita (BNS) replaced the 164-year-old Indian Penal Code (IPC) on July 1. Among the provisions of the BNS, Section 69 has experts particularly worried. Section 69 of the Bharatiya Nyaya Sanhita states that if a promise to marry is made without any intent to follow it up and a sexual relationship is established, a person can face up to 10 years of imprisonment.
“Whoever, by deceitful means or by making a promise to marry 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,” reads the Section 69 of the new Bhartiya Nyaya Sanhita.
Section 69 is new and unprecedented as the Indian Penal Code did not have a specific provision for sexual intercourse by concealing facts or by deceit.
Earlier, such cases were tried under Section 90 of the IPC, which mentioned a woman could not have consented to sexual intercourse if there was a “misconception of fact”.
There have been cases where women alleged rape when a relationship fell through, but with Section 69, women can claim to have consented to sexual intercourse upon false promises.
Section 69, in a way, makes break-ups illegal, and men in relationships prone to being harassed if the relationship doesn’t end in marriage.
Section 69 has been brought in to address the issue of marriages undertaken by concealing identity or suppression of facts. This could also be used in cases where there is complaint that marriages, especially interfaith marriages, have taken place where the man concealed his identity.
Deceitful has been explained in the Section as “inducement for, or false promise of employment or promotion, or marrying by suppressing identity”.
“The promise to marry” part of Section 69 opens a Pandora’s box for people in relationships and law enforcement officials.
The imprisonment for the “promise to marry” aspect of Section 69 has got people in relationships worried that men will get unfairly targeted as a result of the souring of relationships. Lawyers say an intent to deceive could be established if the relationship ended for other reasons, but the male partner could face grave consequences. Police officials say Section 69 of the BNS might make arresting men easier without credible evidence.
‘INTENT IS SUBJECTIVE,’ SAYS LAWYER ON SECTION 69 OF BNS
Lawyers are worried about how they fight a case where there are several grey areas.