On July 1, the Bharatiya Nyaya Sanhita (BNS) replaced the 164-year-old Indian Penal Code (IPC), introducing several new provisions. One of the most controversial is Section 69, which criminalizes sexual relationships initiated under false pretenses, such as a promise to marry without the intent to follow through. This law imposes a penalty of up to 10 years in prison. Experts worry that it could be misused to harass men after break-ups, raising significant legal and social concerns.
What Section 69 States
Section 69 of the BNS says: “Whoever, by deceitful means or by making a promise to marry 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.” This provision is new, as the previous IPC did not specifically address sexual intercourse under false pretenses.
Legal and Practical Concerns
Legal experts are particularly worried about how to prove “intent to marry.” Ghaziabad-based lawyer Arvind Singh explains, “The intent to marry is subjective. How one can prove that there was genuine intent if the marriage does not take place is not clear yet.” Relationships can end for many reasons, and proving deceitful intent in court could be challenging and time-consuming, potentially damaging a person’s reputation and life.
Police officials also find it difficult to build strong cases with credible evidence. A senior officer points out that while text messages, call recordings, and pictures might show a relationship, they do not necessarily prove that sexual intercourse happened only because of a promised marriage. “The court works on evidence,” the officer says. “This is very difficult to prove.”
Social and Human Rights Concerns
Sociologists and human rights advocates fear that Section 69 could lead to unjust arrests and long legal battles. They worry that the law might be used to target men unfairly if relationships end badly, causing significant emotional and social harm. “A woman knows while consenting to sexual intercourse that there is a possibility that the relationship might fall apart,” says Sujata, a 27-year-old woman from Delhi. “People might get worried about getting intimate with their partners due to the fear of imprisonment.”
Public Reaction
Public reaction has been mixed, with many people expressing fear and uncertainty. “What if due to some of my family reasons, I cannot marry her? Or she cannot marry me? We cannot make it work, and then she files a complaint against me. How will I save myself?” asks a 26-year-old man from Delhi. The fear of facing serious consequences for break-ups is widespread among men in relationships.
Conclusion
Section 69 of the Bharatiya Nyaya Sanhita aims to address deceit in relationships but has raised significant concerns about potential misuse and enforcement challenges. Legal experts, sociologists, and the public worry about proving intent and the possibility of unfair arrests. As the law comes into effect, its impact on relationships and the justice system will be closely watched. Only time will tell if Section 69 achieves its intended purpose or causes more harm than good.