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Deceit, Consent, And Justice: A Critical Review Of Section 69 Of The BNS 2023


 


Dharmendra Yadav, LL.M, Department of Law Dr. Harisingh Gour Central University Sagar (M.P)

Rajeev Kumar, LL.M, Department of Law Dr. Harisingh Gour Central University Sagar (M.P)


ABSTRACT


This paper critically examines Section 69 of the BNS 2023, which criminalizes sexual intercourse obtained through deceit, by exploring its legal, ethical, and societal implications. It addresses how deceit compromises consent and personal autonomy, raising questions about defining deceit and the challenges in distinguishing between deliberate manipulation and misunderstandings. The paper also highlights the role of gender dynamics, power imbalances, and societal expectations in how deceit is perceived in sexual encounters, particularly regarding historical vulnerabilities. Furthermore, it reviews international legal frameworks to offer insights into refining Section 69. Ultimately, the paper aims to provide a comprehensive understanding of the implications of criminalizing deceitful sexual intercourse, balancing victim protection with fairness for the accused, and contributing to ongoing discussions about consent, autonomy, and justice in sexual relations


Keywords: Deceitful Sexual Intercourse, Sexual Consent, Manipulation in Sexual Relationships, Victim Protection, Criminalization of Deceit.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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