BNS Section 69 is unnecessary

• The Central government introduced a new provision in the Bharatiya Nyaya Sanhita (BNS), 2023, addressing cases of sexual intercourse based on false promise of marriage.

• This stand-alone offence did not exist in the Indian Penal Code (IPC).

Limitations Set by the Court

• Section 69 has reduced the gravity of cases of sexual intercourse registered on the false promise of marriage by reducing punishment.

• The Supreme Court has imposed restrictions on the scope of such cases, distinguishing between giving a false promise of marriage and committing breach of promise by the accused.

• The physical relationship must be traceable directly to the false promise made, and it cannot be qualified by other circumstances or considerations.

• If the prosecutrix was already a married woman on the date of developing a physical relationship, surrendering before the man on a false promise of marriage will not fall within the definition of consent obtained on misconception of fact.

Examining Section 69

• Section 69 states that whosoever, by deceitful means or by making a promise to marry without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall be liable to fine.

• The offence of sexual intercourse committed consequently to the false promise of marriage, i.e., misconception of fact, will still fall under the scope of the offence of rape.

• If an exception is carved out in Section 63 to exclude cases falling under Section 69, Section 69 cannot be held constitutionality valid.

• A preliminary inquiry should be conducted to establish whether a cognisable offence was committed.