Code: Section 69 BNS
Whoever, by deceitful means or by making 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.
Explanation.—“deceitful means” shall include inducement for, or false promise of
employment or promotion, or marrying by suppressing identity
Explanation of Section 69 BNS
This section criminalizes sexual intercourse obtained through deception where it does not qualify as rape but still involves fraudulent inducement.
Key Provisions:
- What Constitutes an Offense?
- Making a false promise to marry with no real intention of fulfilling it.
- Using deceitful means, such as:
- False job offers or fake promotions to gain sexual favors.
- Hiding identity (e.g., concealing religious identity to marry and have intercourse).
- Punishment:
- Imprisonment: Up to 10 years.
- Fine: As determined by the court.
- When Does It Apply?
- When the act does not amount to rape but still involves fraud or deception to obtain consent.
Illustrations
Example 1: False Promise of Marriage
A man promises a woman that he will marry her, gains her consent for sexual intercourse, and later abandons her with no intention to marry. He can be punished under Section 69 BNS.
Example 2: Fake Job Offer for Sexual Favor
A recruiter tells a job seeker that she must engage in sexual relations with him to get a job. If she consents believing the false offer, he can be charged under this section.
Example 3: Suppressing Identity to Marry and Have Intercourse
A man hides his real identity and tricks a woman into believing she is marrying someone of a different background, leading to sexual intercourse. This is considered “deceitful means” under Section 69 BNS.
Common Questions & Answers
1. How is this different from rape under Section 63 BNS?
Rape involves force, coercion, or lack of consent. Here, the consent is obtained through deception, making it a separate offense.
2. Does every broken marriage promise fall under this section?
No. A genuine promise that could not be fulfilled due to unforeseen reasons is not punishable. The intention to deceive from the beginning must be proved.
3. Can a woman file a case if she is tricked into a false job offer for sex?
Yes. If sexual intercourse happened due to a fake promise of employment or promotion, the offender can be punished.
4. Is this law gender-neutral?
No, Section 69 BNS protects women specifically. However, similar fraud-based offenses against men could be prosecuted under different legal provisions.
Conclusion
Section 69 BNS protects women from deception-based sexual exploitation. It criminalizes false promises of marriage, fake job offers, and identity fraud that lead to sexual intercourse under false pretenses.
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