10 Years in Jail: India’s New Law Criminalizes Sex on False Promise of Marriage

India has taken a significant step to protect women from sexual exploitation with the introduction of Section 69 of the Bharatiya Nyaya Sanhita (BNS). The new law punishes anyone who engages in sexual intercourse using deceitful means, including false promises of marriage, job offers, promotions, or hiding their identity. Offenders can face up to 10 years in jail and fines.

This law addresses a long-standing gap where sexual acts obtained through deception were often vaguely categorized under rape laws. Now, consent obtained through fraud is specifically addressed, providing women with legal protection against deceptive and exploitative behavior.

What Does Section 69 Say?

Section 69 BNS clearly states: “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.”

Deceitful means include:

• False promises of marriage without intention to fulfill it.
• Inducement for employment or promotion to gain sexual favors.
• Marrying by hiding or suppressing identity to mislead the woman.

Key Highlights of the Law

1. Punishment: Offenders can face up to 10 years in jail along with a fine.
2. Scope: Covers situations where sexual intercourse is obtained by deceit.
3. Examples of deceit –
   • Promising marriage to a woman but never intending to marry.
   • Offering a fake job or promotion to gain sexual favors.
   • Hiding personal details like identity or marital status.

Why Was This Law Introduced?

In India, many women fall victim to men who manipulate their trust with false promises of marriage or career advancement. Earlier, there was no specific law to punish such acts if they did not amount to rape. Section 69 now fills this gap, ensuring justice for victims and deterring such deceitful behavior.

How the Law Works in Real Life

For instance, if a man promises marriage to a woman to gain sexual favors but never intends to marry her, he can now be prosecuted under Section 69. Similarly, if someone uses a fake job offer or promotion promise to coerce a woman sexually, they are liable under this law. The court can award imprisonment up to 10 years and impose fines depending on the severity of the case.

Ingredients of Section 69 BNS

To successfully prosecute under Section 69, the following elements must be proven:

1. Deceitful Means: False promise of marriage, job, promotion, or hiding identity.
2. Sexual Act: Sexual intercourse must have occurred.
3. Intent to Deceive: No intention to fulfill the promise at the time of the act.
4. Consent Through Deceit: Consent was obtained by fraud, not by force.
5. Punishment: Maximum imprisonment of 10 years and fine.

Section 69 BNS Triable by Which Court?

• Offences under Section 69 BNS are triable by the Sessions Court.
• Standard criminal procedures are followed, including investigation, charge framing, and trial.

Section 69 BNS: Bailable or Not?

• Section 69 is generally non-bailable, meaning arrest can be made without prior court approval.
• Bail depends on court discretion and factors like severity, prior records, and possibility of evidence tampering.

Section 69 BNS Anticipatory Bail

• Anticipatory bail can be requested under Section 482 BNSS (Section 438 CrPC), but is rarely granted due to the gravity of the offence.
• Courts assess:
  • Severity of deceit.
  • Risk of evidence tampering.
  • Criminal background of the accused.

Section 69 BNS vs Rape Laws

It is important to note that Section 69 is different from rape laws. If sexual intercourse is obtained by physical force or threat, it falls under rape, which has its own penalties. Section 69 focuses specifically on deceit or false promises, even without force.

Importance of the Law

• Empowers women: Provides legal protection against deceitful sexual conduct.
• Deterrence: Sends a clear message that using lies for sexual gains will have serious consequences.
• Closes legal loopholes: Earlier, offenders could escape punishment if their act didn’t qualify as rape.

Conclusion

India’s Section 69 BNS is a significant step towards protecting women from sexual exploitation through deception. With up to 10 years imprisonment and fines, the law serves as a warning to those who try to misuse trust and manipulate women through false promises of marriage, jobs, or promotions.

If you or someone you know faces such deceitful acts, it is now important to seek legal help and report the matter to the authorities, as this law gives women a strong legal support to obtain justice.