Decoding Section 69 Of The BNS 2023: Legal Implications And Threat To Misuse
- IJLLR Journal
- 1 day ago
- 1 min read
Shantanu Shekhar, Associate Advocate, Maitri Law Firm and Associates, Lucknow
ABSTRACT
This paper critically examines the section 69 of BNS 2023 which criminalizes the sexual intercourse obtained under false promise of marriage or through deceitful means. The clause is intended to uphold physical autonomy while ensuring accountability in intimate relationships and it can be seen as a legal protection against deceit and exploitation of women. However, despite its progressive objectives, this section presents significant legal challenges. It contains ambiguities surrounding the concept of consent, the broad and imprecise language used, and the inherent difficulty in establishing criminal intent in such cases. These issues raise concerns regarding the potential misuse, particularly in context where the relationship was consensual but later resulted in conflict or breakdown. The paper explores the interpretative complexities and evidentiary burdens associated with the law and argues for a more nuanced and balanced approach. It further advocates for legislative clarity and changes to prevent frivolous or malicious litigation, while still ensuring adequate protection for genuine victims of deception in
Keywords: consent, deceit, false promise, sexual relationships, exploitation, complexities, misuse.
