1. The Bharatiya Nyaya Sanhita (BNS), 2023 introduces Section 69 as a new standalone provision addressing sexual intercourse based on false promise of marriage, which was not present in the Indian Penal Code (IPC).
2. Section 69 of BNS reduces the punishment for cases of sexual intercourse under false promise of marriage compared to the rape offence defined under Section 63 BNS (equivalent to Section 375 of IPC).
3. The Supreme Court in Anurag Soni v. The State of Chhattisgarh (2019) held that rape charges apply only when the accused had no intention to fulfill the marriage promise from the beginning, not when unforeseen circumstances prevent the marriage.
4. In Rajnish Singh @ Soni v. State of U.P. (2025), the Supreme Court established that prolonged consensual physical relations cannot be solely attributed to false marriage promises, especially when qualified by other considerations like love or passion.
5. The High Court of Madhya Pradesh in Abhishek Arjariya v. The State of Madhya Pradesh (2025) ruled that a married woman's consent based on false promise of marriage does not constitute misconception of fact.
6. Section 69 of BNS defines punishment up to ten years with fine for sexual intercourse through deceitful means or false marriage promises, with 'deceitful means' including false promises of employment, promotion, or marriage by suppressing identity.
7. Section 63 of BNS defines rape under seven descriptions, with six related to consent, while Section 28 of BNS establishes that consent is vitiated under conditions including fear of injury, misconception of fact, unsoundness of mind, intoxication, or age below 12 years.
8. Section 69 appears legally redundant as false promise of marriage falls under 'misconception of fact' in Section 28, making it part of rape under Section 63, and cannot simultaneously be treated as a lesser offense.
9. The constitutional validity of Section 69 is questionable under Article 14 as it lacks both an exception clause in Section 63 and a non-obstante clause.
10. The article recommends police conduct preliminary inquiries before charge-sheeting such cases to prevent unnecessary hardship to the accused and save time for constitutional courts.
Go To Article
Link for PYQs