What Section 69 BNS says
“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.
Section 69 of the Bharatiya Nyaya Sanhita (BNS) addresses the crime of sexual intercourse through deceitful means, which is a significant legal provision aimed at protecting individuals, especially women, from being exploited through fraud or deception for sexual purposes. The objective of this provision is to criminalize sexual acts obtained under false pretenses, ensuring the sanctity of consent is upheld in all sexual relationships.
Key Elements of Section 69
Section 69 penalizes the act of inducing someone to engage in sexual intercourse through deception, where the victim’s consent is obtained through fraudulent misrepresentation, false promises, or manipulation. The essence of this section lies in understanding that true consent is necessary for any sexual relationship, and any consent obtained through trickery or deceit is legally invalid.
The section addresses various forms of deceitful conduct that may include:
- False Promises of Marriage: One of the most common ways this crime manifests is through false assurances of marriage. When one party induces the other to have sexual relations by falsely promising to marry, and it is later discovered that the promise was never intended to be fulfilled, this would amount to an offense under Section 69.
- Misrepresentation of Identity: If a person pretends to be someone else, for example, by adopting a fake name or identity to deceive the other party into consenting to sexual intercourse, this also qualifies as a deceitful act under this section.
- False Professional or Social Status: Misrepresenting one’s financial, social, or professional status with the intention of inducing the other party to engage in sexual relations can also fall under the purview of this section.
- Manipulating Vulnerable Persons: In cases where a person exploits the mental, emotional, or physical vulnerability of another person through fraudulent means to obtain sexual consent, it is covered under this provision.
- False Pretenses of Love or Commitment: If an individual pretends to be in love or shows false signs of commitment to induce the other party to consent to sexual activity, it may also fall under the category of deceit as mentioned in Section 69.
Penalty Under Section 69 of BNS
The penalty for committing the offense of sexual intercourse by deceitful means under Section 69 is designed to reflect the severity of the crime. The law typically prescribes rigorous imprisonment for a term that may extend up to 10 years, along with a fine. However, the exact nature of the punishment may vary based on the specific circumstances of the case, the extent of deceit employed, and the consequences suffered by the victim.
Difference from Rape Provisions
While this section criminalizes the act of sexual intercourse obtained through deceit, it is distinct from the offense of rape as traditionally defined under Indian law. Rape involves non-consensual sexual intercourse through physical force or coercion, whereas Section 69 specifically targets cases where consent is obtained, but through fraudulent means.
The key distinction lies in the nature of the consent. In cases under Section 69, the consent is not absent but is deemed invalid because it was induced by false representations or promises. Thus, while both rape and this offense involve violations of bodily autonomy, the manner of commission and the circumstances surrounding the act differ.
Importance of Section 69 in Modern Legal Framework
The inclusion of Section 69 in the Bharatiya Nyaya Sanhita reflects a growing recognition of the various ways in which sexual consent can be manipulated or coerced without the use of direct physical force. This provision aims to address the more subtle forms of exploitation where individuals are tricked or deceived into consenting to sexual acts.
It acknowledges that sexual autonomy is not just about resisting physical force but also about being free from mental manipulation and fraudulent influence. By criminalizing such behavior, the law aims to protect the dignity and rights of individuals, especially women, in sexual relationships.
Legal Precedents and Judicial Interpretation
Courts in India have addressed similar situations under previous legal provisions like Section 375 of the Indian Penal Code (IPC), where sexual relations based on false promises of marriage or other deceitful conduct have been treated as rape. The judicial trend has been to recognize that consent obtained through deceit is no consent at all, and hence such acts should be penalized.
In interpreting Section 69 of the BNS, courts are likely to consider similar precedents where the distinction between valid consent and fraudulent consent has been clearly established. The courts will also evaluate the intent of the accused, the nature of the deceit, and the harm caused to the victim in determining guilt and appropriate punishment.
FAQs Related to Section 69 of the Bharatiya Nyaya Sanhita
- What is the primary aim of Section 69 of BNS?
- The primary aim is to criminalize sexual intercourse that is induced by deceitful means, where consent is obtained through fraud, misrepresentation, or false promises.
- Is consent obtained through deceit considered valid under Indian law?
- No, consent obtained through deceit is considered legally invalid, as true consent requires full knowledge and understanding of the circumstances without manipulation.
- What are some examples of deceitful means under Section 69?
- Examples include false promises of marriage, misrepresentation of identity or status, and exploiting a person’s vulnerabilities to induce sexual consent.
- What is the punishment for sexual intercourse by deceitful means under Section 69?
- The punishment can extend to rigorous imprisonment for up to 10 years, along with a fine.
- How does this section differ from the offense of rape?
- Rape involves non-consensual sexual intercourse, whereas Section 69 focuses on situations where consent is given but obtained through deceit, making it invalid in the eyes of the law.
- What role does intent play in proving an offense under Section 69?
- Intent is crucial. The prosecution must prove that the accused knowingly employed deceit to obtain sexual consent, with the intention of deceiving the victim.
- Is false promise of marriage covered under Section 69 of BNS?
- Yes, inducing someone into sexual relations by making false promises of marriage falls under the ambit of deceitful means under this section.
Explanation of “Deceitful Means” in Section 69 of the Bharatiya Nyaya Sanhita (BNS)
The term “deceitful means” under Section 69 of the Bharatiya Nyaya Sanhita (BNS) refers to the fraudulent or dishonest methods used to induce someone into engaging in sexual intercourse. The law explicitly broadens the definition of deceit to cover a variety of scenarios where individuals might be tricked or manipulated into giving consent, even though they would not have done so had they known the truth. This clause ensures that different forms of fraud, misrepresentation, and manipulation are recognized as criminal acts.
What Does “Deceitful Means” Include?
The explanation attached to this section states that deceitful means will include but are not limited to the following:
- Inducement for Employment or Promotion
- This refers to situations where a person is lured into having sexual intercourse on the false promise of a job, promotion, or other career advancement. The offender may misuse their position of power to manipulate the victim’s professional aspirations.
- False Promise of Marriage
- One of the most common scenarios covered under deceitful means is the false promise of marriage. In such cases, the accused misleads the victim into believing that they intend to marry them, thereby inducing the victim to engage in sexual intercourse. When the promise is later broken, and it is revealed that the intention to marry never existed, the consent obtained through such a false promise is considered fraudulent.
- Suppressing Identity
- This refers to situations where an individual conceals or misrepresents their identity to induce another person into a sexual relationship. The true identity of a person plays a significant role in making informed decisions about sexual consent. If someone hides critical information about themselves—such as their religion, marital status, or name—with the intent of deceiving the other party, it amounts to deceit.
In-depth Explanation of “Deceitful Means” with Examples
- Inducement for Employment or Promotion:
- Scenario: A senior manager offers a job seeker or a subordinate a lucrative position or promotion in exchange for sexual favors. The job seeker or subordinate agrees to the sexual relationship, trusting the promise of professional advancement.
- Explanation: This type of deceitful behavior preys on the victim’s need or desire for employment or career growth. When the promised employment or promotion never materializes, and it becomes evident that the promise was only a pretext to obtain sexual favors, the offender can be charged under Section 69 for using deceitful means.
- Example: A woman applying for a job is told by her prospective employer that she will get the position if she gives sexual favors to him. She agrees, expecting the job, but later finds out that there was never any intention to hire her. The promise of employment was only made to deceive her into having sexual intercourse.
- False Promise of Marriage:
- Scenario: A man courts a woman for several months and repeatedly tells her that he plans to marry her. Trusting his words, the woman agrees to have a sexual relationship. Later, the man reveals that he never intended to marry her and used the promise to gain her trust and consent.
- Explanation: In such cases, the promise of marriage is made with the intention of deceit. The victim consents to the sexual act believing it to be part of a committed relationship leading to marriage. When the truth comes to light, it is clear that the promise was a lie, and the sexual consent was not valid.
- Example: A man convinces his girlfriend that they will be married soon and that she should not hesitate to engage in sexual activity with him. After months of sexual relations, he abruptly ends the relationship, revealing he never had any intention of marrying her. This false promise of marriage constitutes deceitful means under the law.
- Marrying by Suppressing Identity:
- Scenario: A man hides his true marital status, telling a woman he is single when, in fact, he is married. The woman agrees to a sexual relationship based on the belief that they are both unmarried and have a future together. When she discovers his real marital status, she realizes her consent was based on a lie.
- Explanation: In this case, the deceit lies in the concealment of the man’s true identity. Had the victim known the real facts, she would not have consented to the sexual relationship. The law acknowledges that suppressing one’s identity or important personal details invalidates the consent.
- Example: A married man uses a fake name and identity to enter into a relationship with a woman. After engaging in a sexual relationship with him, the woman finds out his true name and the fact that he is already married. Since the victim was deceived about his identity, her consent was not valid, making the act criminal under Section 69.
Importance of Recognizing “Deceitful Means” in Consent
The concept of deceitful means highlights the importance of informed consent in sexual relationships. Consent must be free and based on accurate information. When someone is tricked into giving consent through deception, whether through false promises of marriage, lies about employment, or identity suppression, the law considers the consent invalid. This recognition protects individuals, especially women, from being sexually exploited by manipulative tactics.
Conclusion
Section 69 of the Bharatiya Nyaya Sanhita is a crucial legal provision that seeks to protect individuals from sexual exploitation through deceitful means. By criminalizing such behavior, the law reinforces the concept that consent must be freely given and must not be obtained through manipulation or fraud. This provision is an important step in ensuring that all forms of sexual exploitation are addressed, providing victims with the legal recourse they need to seek justice.f
The explanation of “deceitful means” under Section 69 of the Bharatiya Nyaya Sanhita is essential in addressing the more subtle forms of sexual exploitation that occur through fraud and manipulation. Whether through false promises of marriage, employment, or hiding one’s true identity, such acts are considered criminal under Indian law. These examples demonstrate the broad scope of this provision, ensuring that consent obtained through deception is treated as no consent at all, thereby protecting the rights and dignity of individuals in sexual relationships.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304