BNS Section 69 – Sexual intercourse by employing deceitful means etc

Amit Kapoor06 mins

Section in IPC – New Provision

Sexual intercourse by employing deceitful means etc

Whoever, by deceitful means or making by promise to marry to 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.

Explanation
“deceitful means” shall include the false promise of employment or promotion, inducement or marring after suppressing identity.

Example 1:
Priya and Rakesh are having an affair. Rakesh tempts Priya to have sexual intercourse with him, by promising to marry her. Priya gets convinced and has sexual relations with him. Rakesh tells her later that he had falseley promised to marry her and in reality had no intention to do so. Here, Rakesh will be guilty of offence under Section 69 and can be imprisoned up tp 10 years along with fine. 
Example 2:
Anita develops friendship with her boss Vijay, after which Vijay falsely promises her a promotion in her job and establishes sexual relations with her. Vijay is liable for punishment under Section 69 and can be imprisoned up to 10 years along with fine.

Section 69 of the Bharatiya Nyaya Sanhita (BNS) pertains to situations where a man engages in sexual intercourse with a woman under deceitful promises, particularly under a false promise of marriage, without any real intention of fulfilling that promise. Although this act doesn’t constitute rape, it is still punishable by law. Here’s an explanation of key points and definitions to understand:

Key Points on Deceitful Means Leading to Sexual Intercourse

This section deals with the criminalization of sexual intercourse based on deceitful means, particularly when a man makes a false promise of marriage to a woman, and the act occurs based on that deception.

1. Deceitful Means

  • Deceitful Means refers to any fraudulent or dishonest behavior used to mislead or manipulate someone. In this context, it involves intentionally deceiving a woman into engaging in sexual relations by giving her a false promise of marriage.

2. Promise to Marry

  • The promise to marry is a commitment made by the man to the woman, implying that they will eventually marry. Under this law, the promise must be shown as dishonest—meaning the man never intended to marry her from the start.

3. Sexual Intercourse

  • The sexual intercourse in this case is consensual but based on the false promise of marriage or deceit. Although the act does not meet the legal definition of rape, it is still a punishable offense because it was induced through deceit.

Offense and Punishment

  • Offense: Sexual intercourse by employing deceitful means or a false promise of marriage.
  • Punishment:
    • The perpetrator can face imprisonment for up to 10 years.
    • Additionally, the perpetrator may be subjected to a fine.
  • Cognizable or Non-cognizable: Cognizable offense, meaning that the police can arrest the individual without a warrant.
  • Bailable or Non-bailable: Non-bailable, meaning the perpetrator cannot be released on bail until a hearing before the court.
  • Court of Trial: The offense is triable in the Court of Session.

Important Definitions

  • Imprisonment of Either Description: This means that the individual can be sentenced to either simple imprisonment (without hard labor) or rigorous imprisonment (with hard labor), depending on the court’s discretion.
  • Not Amounting to Rape: While the act was consensual based on deceit, it does not legally qualify as rape. However, the deception makes it a punishable offense due to the dishonest nature of the act.

Summary

This section criminalizes sexual intercourse based on deceitful means, particularly a false promise of marriage, which induces the woman to engage in consensual sexual intercourse. While the act does not qualify as rape, the deception makes it a punishable offense. The punishment for this crime includes imprisonment for up to 10 years and a fine, with the offense being non-bailable and triable in a Court of Session.

Related News