The Bharatiya Nyaya Sanhita (BNS), 2023 aims to confront a particular issue regarding sexual relationships that are built upon deceptive commitments of marriage.
Section 69 of this proposed legislation brings forth substantial revisions designed to tackle this specific issue effectively.
Section 69 of BNS – Sexual Intercourse Based on False Promise of Marriage
In Chapter 5 of the Bharatiya Nyaya Sanhita (BNS), titled “Offences against Women and Children,” Section 69 establishes two distinct offenses related to sexual relationships:
Deceitful Means
This offense involves using deceitful tactics, such as false promises of employment, promotion, or marriage, to induce sexual relations. Offenders could face imprisonment for up to ten years.
False Promise to Marry
The second offense pertains to making a false promise of marriage to a woman with the intent of exploiting her sexually after breaking the promise. This offense is also punishable by imprisonment for up to ten years.
Reasons for Introducing Section 69
Historical Context: Previously, cases involving sexual intercourse under false promises of marriage were handled using general provisions of criminal law, leading to uncertainty.
Prevalence of Cases: Incidents of sexual relations under false promises of marriage were frequent, often leaving victims without adequate legal recourse.
Legal Ambiguity: The existing legal framework lacked clarity in distinguishing between a ‘false promise’ and a ‘breach’ of promise to marry, posing challenges in assessing consent and intent.
Courts’ Approach to Cases Involving ‘False Promise of Marriage’
Judicial Interpretation: Historically, courts have interpreted such cases using existing legal provisions, notably Sections 375 and 90 of the Indian Penal Code (IPC).
Examination of Consent: Section 375 defines consent as a voluntary and unequivocal agreement, while Section 90 addresses instances where consent is obtained under a misconception of fact. Courts have scrutinized cases through the lens of these legal definitions.
Key Differentiations: Courts have distinguished between a ‘false promise’ made with deceptive intent and a genuine promise of marriage that, though not fulfilled, was made in good faith.
Significant Legal Precedents: The Supreme Court’s decision in ‘Pramod Suryabhan Pawar vs. State of Maharashtra’ (2019) highlighted the crucial role of the promisor’s deceptive intent. Another notable case, ‘Dileep Singh vs. State of Bihar,’ emphasized the necessity of proving the absence of genuine intention to marry for such cases to qualify as rape offenses.
Section 69: Implications and Critiques
Endogamy Promotion
Focus Shift Critique: Critics argue that Section 69 might inadvertently encourage endogamy. This could occur by redirecting attention away from addressing real instances of harm and abuse within relationships. Instead, the focus shifts towards determining whether the accused intended to marry, potentially overlooking the intricate social dynamics in which such relationships unfold.
Ambiguity and Discretion
Vagueness Concern: The Bill’s inherent vagueness and reliance on discretionary judgments may lead to ambiguity in its application. This ambiguity could perpetuate uncertainty and potentially reinforce reliance on conventional gender norms. Consequently, this could result in re-victimization of women as the interpretation and implementation of the law may not adequately address their specific circumstances.
Cycle of Consequences
Neglect of Harm Critique: While the Bill outlines specific legal consequences for the offense, it may inadvertently fail to fully acknowledge and address the harm experienced by women in such situations. This oversight could perpetuate a cycle where justice remains elusive, as the focus shifts primarily towards legal ramifications rather than comprehensive recognition and redress of the harm suffered.
Conclusion
Section 69 of the proposed BNS, 2023, addresses the issue of sexual relationships influenced by false promises of marriage.
Implementing and interpreting the Bill will necessitate thorough scrutiny to ensure fair outcomes.
It is crucial to avoid reinforcing harmful gender stereotypes or societal biases, as highlighted by significant legal precedents.
frequently asked questions
What does Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 address?
Section 69 of the BNS aims to address sexual relationships that occur under false promises of marriage. It establishes specific offenses related to deceitful means and false promises of marriage within Chapter 5, titled “Offences against Women and Children.”
What are the offenses outlined in Section 69?
Section 69 outlines two distinct offenses:
Deceitful Means: This offense involves using deceitful tactics, such as false promises of employment, promotion, or marriage, to induce sexual relations. Offenders could face imprisonment for up to ten years.
False Promise to Marry: This offense pertains to making a false promise of marriage to a woman with the intent of exploiting her sexually after breaking the promise. It is also punishable by imprisonment for up to ten years.
