India’s criminal legal system has been transformed by the introduction of the Bharatiya Nyaya Sanhita (BNS). This new legislation replaces the old and outdated Indian Penal Code.
A new key provision under the Bharatiya Nyaya Sanhita is Section 69. It addresses and criminalises sexual acts based on deceitful means and promises such as marriage or employment. The penalties can reach up to ten years in prison.
Understanding Section 69 BNS
BNS section 69 targets instances where sexual intercourse is induced by deception. Although these acts do not meet the legal definition of rape, they are still punishable under this law. It has been specified that deceitful means include false promises related to employment or identity concealment designed to mislead the victim.
Many a time, it has been seen that men fabricate information and deceive women for sexual relations. This Section 69 has been introduced to tackle this long standing problem.
Expanding on Key Points:
Deceitful Means: In the context of Section 69, deceitful means involves a man intentionally deceiving a woman into sexual intercourse with him.
Promise to Marry: When a man makes a false commitment to a woman to marry her and induces her to have sexual relations with him, he can get punished under this Section. It is pertinent to note that the man should have never intended to marry her from the beginning.
Sexual Relations: The sexual act must be with the consent of the woman, acquired by the man through deceitful means or on the pretext of marriage.
Punishment: Even though the act does not qualify as rape, it is still a punishable offense. The man found guilty can face imprisonment up to 10 years and/or fine.
Indian Penal Code and Sexual Relations due to Deception
Historically, such cases fell under IPC Section 90. This section dealt with non-consensual acts due to a “misconception of fact,” which could lead to charges under IPC Section 375. The BNS represents a deliberate shift toward stricter regulations against sexual offenses. It aims to align India’s legal framework with modern social norms.
Are the Indian men in trouble? Possible Misuse of S. 69 BNS
Despite being a progressive provision, S. 69 may be heavily misused by estranged girlfriends, from relationships gone sour, in order to take revenge. It is difficult to prove deceit and false promise to marry, and thus, it might negatively affect innocent men who have been pushed into legal battles due to bad breakups.
A criminal case under Section 69 is a tricky scenario, and it is therefore important to immediately hire a criminal lawyer and figure out the course of actions required to be taken to either prove or defend your matter, depending upon the facts and circumstances.
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