28/01/2025
Section 69 of BHARATIYA NYAYA SANHITA(BNS), 2023 Criminalizes a situation where if a male individual by deceitful means makes false promise to a girl/woman to marry her in future, whereby he makes sexual inter-course with her and if in the end breaches his promise or breakups her, he shall be deemed to have committed an offence and shall be punishable under Section 69 of BNS,2023 with imprisonment up to 10 years with fine.
In such situation, victim girl or woman shall have liberty under section 69 to move the court of law and punish the accused or her Ex-boyfriend as the case may be.
COGNIZABILITY : Offence is cognizable i.e. The police, based upon the prima facie evidence, can arrest the accused person/Ex-boyfriend without warrant.
BAILABILITY: Non-Bailable
N.B.: Sexual Relationship is not considered as 'R**e' under Section 69 of BNS as there seemed to be presence of consent.
Supreme Court's Ruling Cases relating to Section 69 of BNS:
1. PRAMOD PURABIA V/S STATE OF MAHARASTRA:
In this case the Hon'ble Court held that "Mere live-in relationship does not define the intent to marry."
Further the SC held "there may be a case where the victim girl agrees to have sexual in*******se on account of love and passion for the accused and not solely on account of misrepresentation made to her by the accused person or where an accused on account of circumstances which he could not have foreseen or which were beyond his control was unable to marry her despite having every intention to do so. Such cases much be treated differently."
2. NAIM AHMAD V/S STATE OF NCT OF DELHI:
In this case it was held that "One cannot deny a possibility that the accused might have given a promise with all seriousness to marry and subsequently might have encountered certain circumstances unforeseen by him or the circumstances beyond his control, which prevented him to fulfil his promise."
So it's time especially for youngsters to be aware of Section 69 of BNS,2023.
Advocate, Udalguri District Court.
☎6000853515
