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Why a breakup could land men in jail for 10 years? Section 69 of Bharatiya Nyaya Sanhita explained
Section 69 of Bharata Nyaya Sanhita stipulates up to 10 years' imprisonment for engaging in sexual activity based on a false promise of marriage.
With the newly enacted Bharatiya Nyaya Sanhita (BNS) that replaces the British-era Indian Penal Code, a man breaking up with his partner by “deceitful means or by promising her marriage without fulfilling the same” and have sexual intercourse with her could land him in a “10-year jail term.”
The government has brought in several changes through the BNS, and the insertion of “Section 69” is all about fake promises to a partner, maybe about marriage or the job and other things, by a man that leads to a jail term and will also be liable to fine.
What does Section 69 of the law say?
This Section 69 of the Bharata Nyay Sanhita (BNS) is all about “Sexual intercourse by employing deceitful means, etc”
Here's what the clause says: “Whoever, by deceitful means or by making a 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.”
According to the Ministry of Law and Justice, “deceitful means” in the law include inducement through false promises of employment, promotion, or marrying by concealing one's identity.
The BNS makes it illegal to engage in sexual intercourse based on false promises of marriage or employment. Section 69 of the BNS specifies that if someone makes a promise to marry without genuine intent and engages in sexual activity as a result, they could be sentenced to up to 10 years in prison.
Previously, such situations were adjudicated under Section 90 of the IPC, which stipulated that sexual intercourse couldn't be consensual if there was a "misconception of fact." This could lead to charges under Section 375 of the IPC, which outlines the legal definition of rape.
“A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception,” it said.
Sexual offences against women and children in BNS
The BNS, along with the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), came into effect on July 1, replacing the IPC, the Code of Criminal Procedure (CrPC), and the Evidence Act respectively.
The BNS introduces a new chapter titled 'Offences Against Women and Children' to address sexual offences, as per the documents. These offences were previously included in the chapter on 'Offences Affecting the Human Body' under the IPC.
Moreover, the BNS proposes changes to the provisions related to the rape of women under the age of 18. It renumbers existing rape provisions and aligns the treatment of gang rape of minor women with the Protection of Children from Sexual Offences Act (POCSO).
Furthermore, the BNS has introduced an age-based classification for rape victims, differentiating among minors under the ages of 18, 16, and 12, as per the IPC and POCSO. It prescribes varying sentencing options for these cases.
The range of punishments for the rape of minors of different ages remains largely consistent across the IPC, POCSO, and the BNS, according to the explanation.
