● New in BNS
Sexual intercourse obtained by deceitful means, or by a promise to marry made without any intention of fulfilling it, is a stand-alone offence under BNS Section 69 -- separate from rape -- covering cases the IPC could only address inconsistently through the "misconception of fact" language in Section 375 read with Section 90.
The IPC had no specific provision; such cases were prosecuted, inconsistently, as rape on the ground that consent was vitiated by a "misconception of fact" under IPC 375 read with 90.
BNS Section 69 punishes sexual intercourse obtained by deceitful means or by a promise to marry made without any intention of fulfilling it (where the act does not amount to rape) with imprisonment up to 10 years and fine. "Deceitful means" includes false promises of employment or promotion, inducement, or marrying after suppressing identity.
Entirely new stand-alone offence codifying the "false promise of marriage" line of cases separately from rape.
Imprisonment up to 10 years, and fine..
BNS 69 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under BNS 69 are tried before the Court of Session..
Common defences include that the relationship broke down for reasons unrelated to any dishonest intention at the outset (a change of mind is not deceit), that no promise to marry was ever made, and that any promise was made in good faith at the time even though later circumstances prevented it being kept.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons