14th December 2024 (12 Topics)
Section 69 of Bharatiya Nyaya Sanhita
Context
Section 69 of the Bharatiya Nyaya Sanhita (BNS), a newly introduced provision replacing the colonial-era Indian Penal Code (IPC), criminalizes sexual intercourse obtained through deceit, specifically when a promise to marry is made without the intent to fulfill it. This section has raised significant legal and societal debate, with various viewpoints regarding its fairness, applicability, and gender implications.
Key Provisions of Section 69
- Section 69 addresses situations where a man engages in sexual relations under the false pretense of marriage, with no intention of honoring the promise.
- It prescribes a penalty of up to 10 years of imprisonment and a fine for those found guilty of such acts.
- Scope and Application: The law extends to situations involving false promises of marriage, employment, or promotion, where the person who deceives the victim is penalized for inducing sexual intercourse through deceit. It does not classify such cases as rape but as “inducement” through fraudulent means.
- Support for Section 69: It addresses the gaps left by the IPC, especially in cases where sexual intercourse is obtained through deceit. Section 69 broadens the definition of coercion to include emotional and psychological pressure, which was not explicitly covered under the previous law.
Critical Views and Concerns
- The law is gender-biased and treats women as passive victims incapable of exercising agency in their sexual relationships.
- Section 69 presupposes that only men can deceive women into sex through false promises of marriage.
- This law ignores the power dynamics within relationships and fails to address cases where women might deceive men through similar means.
- Section 69 may criminalize consensual sexual relationships that later turn contentious. It places undue emphasis on the failure to fulfill marriage promises, overlooking the complexities of long-term relationships, especially when both parties were initially consenting.
- The exclusion of the LGBTQ community, making the law discriminatory and unconstitutional.
- Criminalizing a verbal promise could infringe upon individual privacy and autonomy, leading to inconsistencies in judicial enforcement.
Section 69 of the BNS represents a shift in how sexual relationships based on deceit are addressed legally in India. While it aims to protect women from exploitation through false promises, its broad application, gender implications, and the subjective nature of proving intent have raised serious legal and societal concerns. Ongoing debates and court rulings will continue to shape how this law is enforced and interpreted in the future.
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