Section 69 of the new Bhartiya Nyaya Sanhita has provision for up to 10 years' jail for sexual relationships by deceit, including on the pretext of marriage. Experts worry that Section 69 could be used to harass and jail men for breaking up with their partners. Here's what experts have to say about the new law.
Section 69 of the new Bhartiya Nyaya Sanhita has provision for up to 10 years' jail for sexual relationships on false promise of marriage. (Image: Generative AI by Vani Gupta/India Today)
Priyanjali Narayan
New Delhi,UPDATED: Jul 2, 2024 18:12 IST
Article
In Short
- Section 69 of the Bharatiya Nyaya Sanhita criminalises sex on the pretext of marriage
- Experts are worried that men might be harassed if a relationship doesn't work out
- Police personnel say it will be difficult to build a watertight case in court with evidence
"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," reads the Section 69 of the new Bhartiya Nyaya Sanhita.
Section 69 is new and unprecedented as the Indian Penal Code did not have a specific provision for sexual intercourse by concealing facts or by deceit.
Earlier, such cases were tried under Section 90 of the IPC, which mentioned a woman could not have consented to sexual intercourse if there was a "misconception of fact".
There have been cases where women alleged rape when a relationship fell through, but with Section 69, women can claim to have consented to sexual intercourse upon false promises.
Section 69, in a way, makes break-ups illegal, and men in relationships prone to being harassed if the relationship doesn't end in marriage.
Section 69 has been brought in to address the issue of marriages undertaken by concealing identity or suppression of facts. This could also be used in cases where there is complaint that marriages, especially interfaith marriages, have taken place where the man concealed his identity.
Deceitful has been explained in the Section as "inducement for, or false promise of employment or promotion, or marrying by suppressing identity".
"The promise to marry" part of Section 69 opens a Pandora's box for people in relationships and law enforcement officials.
The imprisonment for the "promise to marry" aspect of Section 69 has got people in relationships worried that men will get unfairly targeted as a result of the souring of relationships. Lawyers say an intent to deceive could be established if the relationship ended for other reasons, but the male partner could face grave consequences. Police officials say Section 69 of the BNS might make arresting men easier without credible evidence.
'INTENT IS SUBJECTIVE,' SAYS LAWYER ON SECTION 69 OF BNS
Lawyers are worried about how they fight a case where there are several grey areas."The intent [to marry] is subjective. How one can prove that there was genuine intent if the marriage does not take place is not clear yet," Ghaziabad-based lawyer Arvind Singh told IndiaToday.in.
"Relationships can end for several reasons, even when there is an intent to marry. Proving somebody intended to marry but could not for whatever reason will be difficult," Singh added.
It could take months or years for the lawyers to prove their case, and it could cause immense damage to a person and his reputation and their overall lives.
"While we do not know how such cases will turn out to be, an inability to prove such a thing will have grave consequences. A man can end up in prison for 10 years. His whole life can be affected," Singh added.
A WOMAN'S WORD CAN GET EX-PARTNER ARRESTED, SAYS COP
Issues with Section 69 of the BNS do not end here. Arrests can be made after an initial probe by the police. However, making a watertight case with evidence in court would be a completely different matter."The court works on evidence. We will have to produce circumstantial evidence that there was a promise to marry, and the sexual intercourse happened under guise or pretence. This is very difficult to prove," a senior police official with 30 years of service told IndiaToday.in.
Here, text messages, call recordings and pictures might be used as evidence of breach of promise. However, it might still be difficult to infer that a sexual relationship was established on the grounds of a promised marriage.
"Messages, calls and pictures will be taken into account here. They will set the premise for the relationship and if marriage has been discussed. Even then, we might not know if a sexual relationship was established only under the promise that a marriage would take place," the senior police officer said.
Faster arrests, quicker action, but it might not serve the purpose of justice.
"In the cases under the Section, the man might be arrested just on the word of the woman. The arrest will be faster, but the court will still need evidence and that is where it is going to be a problem," they added.
This provision might lead to unfair arrests, years of court cases and damage to several aspects of a man's life.
PEOPLE IN RELATIONSHIPS SCARED OF NEW LAW
While the law enforcement faces the issue of applying Section 69 of the Bharatiya Nyaya Sanhita to practice, it is the people in relationships who are more worried about what this law might bring."A woman knows while consenting to sexual intercourse that there is a possibility that the relationship might fall apart. If two people want to be together, they don't even need marriage or a promise of marriage," Sujata, a 27-year-old woman from Delhi, who has been in a relationship for two years, told IndiaToday.in. Her name has been changed to protect her identity.
"People might get worried about getting intimate with their partners due to the fear of imprisonment," she added.
Relationships end for many reasons and now men are scared they will face dire consequences for breaking up with their partners.
"What if due to some of my family reasons, I cannot marry her. Or she cannot marry me. We cannot make it work, and then she files a complaint against me. How will I save myself," a 26-year-old man from Delhi told IndiaToday.in.
Many questions are being raised about Section 69 of the new Bhartiya Nyaya Sanhita. Only time will tell how the law is enforced and if men stand being harassed.
