False Promises of Marriage and Sexual Deceit: Understanding Section 69 of the Bharatiya Nyaya Sanhita
Imagine a woman who trusted someone with all her heart. She met a man who showered her with affection, made promises of a shared future, and spoke of marriage with warmth and certainty. She believed every word he said — after all, he seemed genuine. Months went by, they grew closer, and under his promises of marriage, she agreed to an intimate relationship. She thought love was leading to commitment. But one day, he stopped answering her calls, began avoiding her, and finally confessed that he never intended to marry her. Her world collapsed.
This story, though fictional, mirrors countless real experiences faced by women in India. It highlights a form of exploitation that leaves no visible scars but deeply wounds trust, dignity, and emotional wellbeing. To address such deceit, the Bharatiya Nyaya Sanhita (BNS) — the new criminal law replacing the Indian Penal Code (IPC) — introduced Section 69, which specifically deals with sexual intercourse by employing deceitful means or false promises.
Understanding Section 69 of the Bharatiya Nyaya Sanhita
Section 69 of the Bharatiya Nyaya Sanhita (BNS) criminalizes sexual intercourse that occurs through deception, manipulation, or false promises — especially false promises of marriage.
The section reads:
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.
It also includes an explanation that the term “deceitful means” covers:
- False promises of employment or promotion
- Marriage obtained by suppressing identity
In Simple Terms
Section 69 BNS says that if a man tricks or deceives a woman into a sexual relationship — through lies, fake promises, or false hopes — and he never really intended to keep his word, he is committing a criminal offence.
For example:
- If a man promises to marry a woman only to lure her into a sexual relationship and then abandons her, it is a crime.
- If he lies about his job, religion, or identity to convince her, it is deceit.
- If he promises employment or a promotion in exchange for sexual favors, it is punishable.
This section recognizes that consent obtained through deceit is not true consent.
The Purpose Behind Section 69 BNS
For decades, Indian courts struggled with cases where a woman’s consent to sexual intercourse was obtained through lies — especially false promises of marriage. These cases often fell into a grey area: the act was not “rape” in the traditional sense (because there was consent), but it was still exploitative and morally wrong.
Section 69 BNS was enacted to bridge that gap. It clearly declares that such deceitful consent is not valid consent. It ensures that the law protects women who are misled emotionally or socially for someone’s selfish sexual gratification.
How Section 69 Differs from Rape (Section 63 BNS)
| Aspect | Rape (Section 63 BNS) | Sexual Intercourse by Deceit (Section 69 BNS) |
|---|---|---|
| Nature of Consent | Consent is absent or obtained through force, threat, or fear. | Consent is obtained, but through lies or deceit. |
| Intention of Accused | Uses force or coercion. | Uses deception, false promises, or manipulation. |
| Example | Forced sexual intercourse without consent. | Sexual intercourse after a false promise to marry. |
| Punishment | Imprisonment up to life. | Imprisonment up to 10 years and fine. |
In simpler terms: rape is about lack of consent, while Section 69 BNS is about consent obtained through dishonesty.
Realistic Example
The woman, after being deceived, feels not only betrayed but also humiliated. When she approaches the police, she is told that the act doesn’t amount to rape because she consented. But her consent was based on lies — lies that changed the very nature of her decision.
Under Section 69 BNS, her case now has a clear legal remedy. The man can be punished for deceiving her into a sexual relationship through false promises of marriage.
The court will look into evidence such as text messages, witness statements, and the timeline of events to determine whether the promise was genuine or deceitful from the beginning.
If it is proven that he never intended to marry her and made the promise only to exploit her emotionally and physically, he will face up to 10 years of imprisonment and a fine.
What Counts as “Deceitful Means”?
The law provides a broad definition of “deceitful means.” It includes:
- False Promise to Marry:
If a man promises marriage to a woman, gains her trust, and engages in sexual relations without intending to marry her, it is deceitful. - False Promise of Employment or Promotion:
If sexual relations are induced by offering a job or promotion, it is also deceitful and punishable. - Suppressing Identity:
If a man hides or changes his identity — for example, pretends to be unmarried or of a different religion to gain consent — that too is deceit under Section 69.
The Importance of Intention
The key factor in Section 69 cases is intention.
The court examines whether the man truly intended to fulfill his promise or whether it was false from the beginning.
- If a man genuinely intended to marry but circumstances later prevented it (for example, family pressure, financial issues, or mutual disagreement), then it is not an offence.
- But if he made the promise knowing that he would never keep it, it becomes a criminal act.
This distinction is crucial. The law punishes dishonesty — not failed relationships.
Judicial Interpretation and Precedents
Even before Section 69 BNS, Indian courts dealt with similar cases under the Indian Penal Code (IPC) — mainly under Section 417 (Cheating) or Section 376 (Rape).
The Supreme Court and High Courts have repeatedly clarified how to differentiate genuine relationships from deceitful ones.
1. Deepak Gulati v. State of Haryana (2013):
The Supreme Court held that not every failed promise of marriage is rape or cheating. The prosecution must prove that the promise was false from the very beginning.
2. Anurag Soni v. State of Chhattisgarh (2019):
In this case, the accused had sexual intercourse with the woman on a false promise of marriage. The court found that he never intended to marry her. He was convicted, and the judgment reinforced that consent obtained through deception is not valid consent.
3. Uday v. State of Karnataka (2003):
The Court observed that a promise to marry, which is later not fulfilled due to circumstances, cannot automatically be treated as a false promise. The prosecution must show dishonest intention at the inception.
These judicial interpretations now find a clear statutory foundation in Section 69 BNS, ensuring consistency and clarity in future cases.
Punishment Under Section 69 BNS
If convicted, the accused can face:
- Imprisonment: Up to 10 years (the court may impose a lesser sentence depending on the gravity of deceit).
- Fine: The amount is at the court’s discretion, often depending on the nature of harm caused to the victim.
The punishment reflects the seriousness of emotional and sexual exploitation that occurs when a woman’s consent is obtained through lies.
How Courts Handle Such Cases
In cases under Section 69 BNS, courts look for:
- Evidence of False Promise: Messages, calls, or witness accounts showing a clear pattern of deceit.
- Timing of Promise: Whether the promise was made before the sexual relationship began.
- Intention: Whether the man genuinely intended to marry or only made the promise to satisfy his lust.
- Conduct After the Relationship: How the man behaved afterward — Did he maintain the relationship? Did he vanish or avoid her after getting what he wanted?
The courts carefully analyze these aspects to ensure fairness — protecting women from deceit while also preventing misuse of the law.
Why This Law Matters for Women
Section 69 BNS acknowledges the emotional and psychological dimension of sexual exploitation.
It recognizes that women are often deceived not through force, but through emotional manipulation — promises of marriage, security, and love that are never meant to be fulfilled.
This provision thus serves as a shield for women’s dignity, making sure that those who misuse trust and affection for physical advantage face consequences.
It reinforces a vital legal and moral principle: consent given under deception is not real consent.
Challenges and Safeguards
While the intent behind the law is noble, it also requires careful implementation.
Courts must ensure that genuine relationships gone wrong are not criminalized. Relationships fail for many reasons — but only dishonest relationships fall under Section 69.
That’s why evidence and intention play a central role in such cases.
The judiciary has repeatedly emphasized that the law should protect women from exploitation, not punish genuine emotional misunderstandings.
A Real-Life Reflection
Consider a woman who falls in love with a man she believes will marry her. She sacrifices her reputation, her comfort, and her emotional safety, trusting his words. But later, she discovers that the entire relationship was a lie — he was married, or never intended to marry at all.
The pain of such betrayal often drives victims into depression, isolation, and social stigma. Section 69 BNS gives them a voice — a way to seek justice and hold deceitful individuals accountable.
This provision sends a clear message:
Using lies, manipulation, or emotional deceit to obtain sexual consent is a crime, not a relationship.
Conclusion
Section 69 of the Bharatiya Nyaya Sanhita (BNS) — Sexual Intercourse by Employing Deceitful Means — is a progressive step in India’s criminal law. It bridges the legal gap between consensual sex and rape by recognizing that deceitful consent is no consent at all.
The law punishes those who manipulate trust and emotions through false promises of marriage, fake identities, or deceitful inducements. It serves as both a deterrent and a safeguard — ensuring that no woman is left unprotected against emotional and sexual exploitation.
While relationships may begin and end for countless reasons, intentional deceit for physical gratification is a serious crime. Section 69 BNS empowers women to fight such deceit and reminds society that honesty, respect, and intention are the foundation of any true relationship.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304