Section 69 of the newly enacted Bhartiya Nyaya Sanhita (BNS) includes a provision for up to 10 years of imprisonment for engaging in sexual relationships based on deceit, such as falsely promising marriage. Experts express concerns that Section 69 might be misused to harass and imprison men who end relationships. Here's an analysis of the new law by various experts.
The complexities of relationships, consent, and marriage have always posed challenges for law enforcement. These challenges are now under renewed scrutiny with the implementation of the Bhartiya Nyaya Sanhita (BNS), which replaced the 164-year-old Indian Penal Code (IPC) on July 1. Among the various provisions of the BNS, Section 69 has particularly alarmed experts. This section stipulates that if someone promises marriage without intending to fulfill it and establishes a sexual relationship, they can face up to 10 years in prison.
Section 69 explicitly states: "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."
This section is unprecedented as the IPC did not have a specific provision addressing sexual intercourse under false pretenses or deceit. Previously, such cases were prosecuted under Section 90 of the IPC, which mentioned that a woman could not have consented to sexual intercourse if there was a "misconception of fact."
There have been instances where women accused men of rape when relationships ended, but with Section 69, women can claim they consented to sexual intercourse based on false promises. In essence, Section 69 makes break-ups potentially criminal, exposing men to harassment if the relationship does not culminate in marriage.
Section 69 aims to address issues of marriages conducted under false pretenses or concealed identities, which could also apply to complaints about interfaith marriages where the man's identity was hidden. The section defines deceitful acts as "inducement for, or false promise of employment or promotion, or marrying by suppressing identity."
The "promise to marry" clause in Section 69 opens a Pandora's box for those in relationships and law enforcement officials. The fear is that men will be unfairly targeted as a result of failed relationships. Lawyers argue that establishing an intent to deceive could be challenging if the relationship ended for other reasons, but the male partner might still face severe consequences. Police officials suggest that Section 69 could facilitate easier arrests of men without substantial evidence.
"Intent is subjective," says Ghaziabad-based lawyer Arvind Singh. "How can one prove that there was genuine intent if the marriage does not take place?" Relationships can end for various reasons, even with an intent to marry, making it difficult to prove deceit. Such cases could take months or years to resolve, potentially causing immense damage to a person's reputation and life.
A senior police official noted that while arrests might occur based on initial probes, presenting a convincing case in court would be challenging. Text messages, call recordings, and pictures might serve as evidence, but proving a sexual relationship was established solely on the promise of marriage remains difficult. Faster arrests and quicker actions might not necessarily lead to justice.
The new law has created anxiety among those in relationships. Sujata, a 27-year-old woman from Delhi, expressed concerns that the fear of imprisonment might discourage intimacy. Men are worried about facing severe consequences for break-ups. A 26-year-old man from Delhi questioned how he could protect himself if family reasons prevent marriage and his partner files a complaint.
Many questions surround Section 69 of the Bhartiya Nyaya Sanhita, and only time will reveal how the law is enforced and whether men will face harassment as a result.
