Context and Legislative Background
- Section 69 Bharatiya Nyaya Sanhita introduces a new standalone offence for sexual intercourse on the false promise of marriage, with lesser punishment than rape.
- Such a provision did not exist in the Indian Penal Code (IPC), though similar cases were tried under Section 375 IPC (now Section 63 BNS).
Relevance : GS 2(Judiciary , Social Justice)
Supreme Court’s Stand and Judicial Interpretation
Judicial filters already exist to prevent misuse of rape laws in cases of consensual sex later termed as rape:
- Intention Test:In Anurag Soni v. State of Chhattisgarh (2019): Unless the man never intended to marry from the start, it does not amount to rape.Nature of Relationship:In Rajnish Singh @ Soni v. State of U.P. (2025): A 15-year consensual relationship, later followed by betrayal, does not qualify as rape under false promise of marriage.Marital Status and Consent:In Abhishek Arjariya v. State of M.P. (2025): If the prosecutrix was already married, her claim of consent under misconception is invalid.
Critique of Section 69 BNS
- Section 69 Text: Targets sexual intercourse through “deceitful means” or “false promise to marry”.
- Includes “false promise of employment, promotion, or suppression of identity” in its explanation.
Redundancy and Legal Overlap
- Section 28 BNS: Defines consent, vitiated by “misconception of fact” — already covers false promise of marriage.
- Thus, rape under Section 63 BNS can already encompass sex under false promise of marriage.
- So, Section 69 duplicates existing provisions under a milder punishment — undermining the seriousness of the offence.
Constitutional and Doctrinal Issues
- No exception carved out in Section 63 for cases under Section 69 → raises constitutional conflict.
- No non-obstante clause in Section 69 → makes it susceptible to being struck down under Article 14 (equality before law).
- Introduces confusion in legal interpretation and may allow legal escape routes for genuine offenders.
Administrative Implications
- Courts already quashing false FIRs based on long-standing precedents.
- Police advised to conduct preliminary inquiries before filing charge-sheets.
- Helps in avoiding misuse of law, protects innocent men, and saves judicial resources.
Conclusion
- No change in core definitions of rape or consent in BNS.
- Section 69 BNS, being legally unnecessary and potentially unconstitutional, appears redundant and unsustainable.
