Section 69 BNS: Sexual Intercourse by Employing Deceitful Means (New BNS Provision - Deceitful Sexual Relations)

Section 69 of Bharatiya Nyaya Sanhita: Sexual Intercourse by Employing Deceitful Means (False Promise to Marry)

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 69

Section 69 codifies an autonomous penal offence penalizing sexual intercourse by employing deceitful means, including false promises of marriage without intention to marry.

Core Legal Standard: Section 69 is an innovative, brand-new provision of the Bharatiya Nyaya Sanhita, 2023.
Penal Consequences & Liability: Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, and not amounting to the offence of rape, has sexual intercourse with her, 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 clarifies that 'deceitful means' includes inducement for, or the false promise of employment or promotion, or marrying after suppressing one's true identity.

Key Landmark Precedents:

Anurag Soni v. State of Chhattisgarh (2019) 10 SCC 661: The Supreme Court held that if the accused had no intention to marry the prosecutrix from the very inception and made a false promise solely to obtain sexual consent, such consent is vitiated by misconception of fact.
Pramod Suryabhan Pawar v. State of Maharashtra (2019) 9 SCC 608: Distinguished between a false promise made with mala fide intent at inception and a subsequent breach of a bona fide promise due to unforeseen family opposition, holding only the former to be criminal.
Mandava Shiva Prasad v. State of A.P. (2024) SCC OnLine SC 185: Reaffirmed the strict boundary between genuine relationship breakdowns and fraudulent exploitation under false promises.

Legal Commentary:

Section 69 resolves decades of confusion under old IPC rape law. Previously, prosecutors struggled to frame false-promise-to-marry cases under Section 375/376 rape, leading to inconsistent acquittals. Parliament created an independent offence under Section 69 specifically penalizing deceitful sexual exploitation with up to ten years imprisonment, while protecting genuine consensual relationships that break down amicably.

Section 69: Sexual Intercourse by Employing Deceitful Means

Section 69 of Bharatiya Nyaya Sanhita: Sexual Intercourse by Employing Deceitful Means (False Promise to Marry)

Legal Commentary & Landmark Judgments: Section 69