Section 69 of BNS
Section 69 of the BNS criminalizes sexual intercourse obtained through deceitful means, including promises to marry without intent to fulfill them.
It carries a penalty of up to 10 years in prison.
This is not considered rape but is categorized as "inducement" or "deception."
It replaces the previous approach under Sections 376(2)(n) and 90 of the IPC.
Section 69 applies even if the relationship is consensual but is based on a false promise, addressing long-term relationships where promises of marriage are made but not honored.
Legal and Social Implications
Some argue that the law is gender-biased, assuming women lack agency and are always victims of deceitful men.
Some activists have petitioned to repeal it, claiming it discriminates against women and disregards mutual consent.
There is debate on how courts should handle such cases.
Some courts have expressed concerns about criminalizing long-term relationships that end badly, while others support the law, arguing it protects women from deceit.
Section 69 has sparked discussions about relationships, consent, and the law's role in protecting individuals from false promises.
Future of Section 69
Some legal experts, defend Section 69, claiming it fills gaps left by previous laws, especially regarding emotional or psychological coercion.
Critics argue that the law could lead to misuse and disproportionately affect men, particularly in cases involving live-in relationships or marriage-like partnerships.
A PIL has been filed in Kerala challenging the constitutional validity of Section 69, claiming it is misogynistic and violates equal protection clauses.
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