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.
Simplified Explanation
Section 69 of the Bharatiya Nyaya Sanhita (BNS) addresses cases where a person engages in sexual intercourse through deceitful means or by exploiting the victim’s misunderstanding or vulnerability. This section recognizes that consent obtained through deception or manipulation is not genuine consent and criminalizes such behavior.
Key Elements of Section 69
- Applicability of Section 69
- Section 69 applies when:
- An individual obtains consent through deceitful or fraudulent means for engaging in sexual intercourse.
- The deceit may involve misrepresentation of facts, false promises, impersonation, or any other form of trickery intended to manipulate the other person’s consent.
- This section emphasizes that consent must be informed and voluntary; any form of deceit that leads to sexual intercourse invalidates consent.
- Section 69 applies when:
- Forms of Deceit Covered
- Section 69 includes various forms of deceitful practices, such as:
- False promises of marriage with no intention to fulfill them.
- Impersonation (e.g., pretending to be someone else to gain trust and elicit consent).
- Misrepresentation of identity or intentions, including lies about financial status, marital status, or other significant factors that influence the other person’s decision.
- The section is broad, covering any method of deception that can manipulate consent.
- Section 69 includes various forms of deceitful practices, such as:
- Invalid Consent Through Deception
- Consent obtained through deceitful means is not considered valid, as the other person is making a decision based on false information.
- This section protects individuals from being tricked into sexual acts by ensuring that consent must be based on truthfulness and authenticity.
- Punishment for Offenses under Section 69
- An individual who engages in sexual intercourse by employing deceitful means may face imprisonment for up to ten years, a fine, or both.
- This punishment reflects the seriousness of using deceit for personal gain, particularly in matters involving intimate and personal consent.
- Examples of Offenses under Section 69
- Example 1: A person falsely promises marriage to someone to obtain their consent for sexual intercourse, despite having no intention of marrying them. Under Section 69, this individual could be prosecuted for using deceit to gain consent.
- Example 2: A person impersonates someone else (e.g., a friend or known figure) and, by pretending to be that person, gains consent for sexual intercourse. This act would be punishable under Section 69 for obtaining consent through impersonation.
- Purpose of Section 69
- Section 69 aims to:
- Protect individuals from exploitation by ensuring that consent must be genuine, informed, and free from deceit.
- Deter people from using manipulation or trickery to obtain consent, reinforcing that such behavior is unacceptable.
- Promote ethical standards in intimate relationships by holding individuals accountable for using deceitful means to gain personal advantages.
- Section 69 aims to:
- Reinforcing the Right to Informed Consent
- This section is grounded in the principle that consent must be based on full and accurate information. Any action taken to manipulate or misrepresent facts is seen as a violation of this principle.
- By criminalizing deceitful means of obtaining consent, Section 69 upholds the integrity of personal and intimate relationships.
Importance of Section 69
Section 69 emphasizes the right to genuine and informed consent in intimate relationships, recognizing that any form of deception invalidates consent. It provides legal recourse for individuals who are misled or manipulated, reinforcing accountability for those who exploit others through deceit.In summary, Section 69 of the BNS criminalizes sexual intercourse obtained through deceitful means, including misrepresentation, false promises, or impersonation, punishable by up to ten years of imprisonment, a fine, or both. This section protects individuals’ rights to informed consent and upholds ethical conduct in personal relationships.
