Sexual Intercourse by Employing Deceitful Means (BNS-69)

Definition:
This section covers situations where a man engages in sexual intercourse with a woman by deceitful means, such as making a false promise of marriage with no intention of fulfilling that promise. Although the act is consensual, it is not considered rape, but is still punishable by law.

Explanation:

“Deceitful means” includes fraudulent acts such as making false promises of employment, promotion, or marriage, or misleading someone by suppressing identity to induce them into sexual relations.

Examples:

• Example 1: Priya and Rakesh are having an affair. Rakesh tempts Priya by promising to marry her. Priya, believing his promise, has sexual relations with him. Later, Rakesh admits he never intended to marry her. Rakesh is guilty under Section 69 and can be imprisoned for up to 10 years, along with a fine.
• Example 2: Anita's boss, Vijay, promises her a promotion at work in exchange for sexual relations. He has no intention of promoting her. Vijay is liable under Section 69 and can face up to 10 years of imprisonment and a fine.

Key Points:

• Deceitful Means: The use of fraudulent or dishonest methods to manipulate or mislead someone. This law specifically applies to cases where a woman is deceived into sexual intercourse by false promises or suppression of identity.
• Promise to Marry: The man must falsely promise marriage to the woman, with no intention of actually marrying her.
• Sexual Intercourse: The act must be consensual but based on deceit. Although it does not qualify as rape, it is still an offense under this section.
• Punishment: The offender can be sentenced to imprisonment for up to 10 years and/or a fine, depending on the court’s discretion.

Legal Implications:

Although the sexual intercourse is consensual, it is still an offense when it is based on false promises or deceitful behavior. This law protects individuals from being manipulated into such acts under false pretenses.

Important Definitions:

• Imprisonment of either description: This refers to the possibility of either simple or rigorous imprisonment, depending on the severity of the case.
• Not Amounting to Rape: Even though the act is consensual, it does not fall under the legal definition of rape, but it remains punishable under this section.

Summary:

Sexual intercourse based on deceitful promises, such as a false promise of marriage, is a punishable offense under Section 69 of the Bharatiya Nyaya Sanhita (BNS). The offender can face imprisonment of up to 10 years, along with a fine, depending on the case.

Offence Details:

• Offence: Sexual intercourse by employing deceitful means
• Punishment: Imprisonment for up to 10 years and fine
• Cognizable or Non-cognizable: Cognizable
• Bailable or Non-bailable: Non-bailable
• By What Court Triable: Court of Session