Section 69 of BNS : Sexual Intercourse by Deceitful Means

The wording of Section 69 of the Bharatiya Nyaya Sanhita is as follows: “Whoever, by deceitful means or by making a promise to marry a woman without

Section 69 of Bharatiya Nyaya Sanhita (BNS): Sexual Intercourse by Deceitful Means

The Bharatiya Nyaya Sanhita (BNS) is the new criminal code of India that replaced the Indian Penal Code (IPC). It came into force in 2024 and introduced several new provisions aimed at modernizing India’s criminal justice system.

One such important provision is Section 69 of BNS, which deals with sexual intercourse obtained through deceitful means. This section criminalizes situations where a person engages in sexual intercourse with a woman by fraud, deception, or false promises, even though the act does not technically fall under the legal definition of rape.

Earlier, many such cases were interpreted by courts under rape provisions, especially when consent was obtained through false promises of marriage. However, the law was often unclear, and courts had to rely heavily on interpretation and precedent.

To address this legal gap, the legislature introduced Section 69 BNS, which specifically criminalizes sexual exploitation through deception.

This provision recognizes that consent obtained through fraud is not genuine consent, and therefore such acts deserve criminal punishment.

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Text of Section 69 BNS

The wording of Section 69 of the Bharatiya Nyaya Sanhita is as follows:

“Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to rape, shall be punished with imprisonment which may extend to ten years and shall also be liable to fine.”

Explanation:
For the purposes of this section, deceitful means include misleading a woman by false representation, false promise of marriage, or pretending to be someone else.

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Purpose of Section 69

The primary objective of Section 69 is to protect individuals, particularly women, from sexual exploitation through manipulation and deception.

In many real-life situations, people enter into intimate relationships based on trust, emotional connection, or promises of future commitment. When someone deliberately lies about such commitments in order to obtain sexual consent, the law considers it a serious abuse of trust.

The legislature recognized that such conduct causes not only physical consequences but also emotional, psychological, and social harm.

Therefore, Section 69 was introduced to:

• Prevent sexual exploitation through deception

• Protect women from fraudulent promises of marriage

• Recognize that consent obtained through manipulation is not true consent

• Fill gaps in criminal law where such acts were difficult to prosecute

This provision reflects a modern understanding of consent and personal autonomy.

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Meaning of “Sexual Intercourse by Deceitful Means”

The central concept in Section 69 is deceitful means.

The offence occurs when a person intentionally uses fraud or deception to convince a woman to engage in sexual intercourse.

In such cases, the woman’s consent is not truly voluntary, because it is based on false information or dishonest promises.

Therefore, the law treats the act as criminal even though the woman technically gave consent.

The deception must be intentional and deliberate. If the accused genuinely intended to fulfill the promise but circumstances later changed, the offence may not be established.

Thus, the key factor is the intention of the accused at the time of making the promise.

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What Are Deceitful Means Under Section 69?

Section 69 recognizes several forms of deceitful conduct.

1. False Promise of Marriage

One of the most common situations covered by this section is a false promise to marry.

In some cases, a man convinces a woman to engage in sexual relations by promising that he will marry her in the future. If it is later proven that he never intended to marry her, the promise is considered fraudulent.

Such conduct is treated as sexual exploitation through deception.

However, if the relationship was genuine and marriage could not happen later due to family pressure, personal conflicts, or other reasons, it may not constitute an offence.

The crucial factor is whether the promise was dishonest from the beginning.

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2. Misrepresentation of Identity

Another form of deceit occurs when a person pretends to be someone else in order to obtain sexual consent.

For example:

• Pretending to be a different person

• Concealing one’s true identity

• Impersonating someone known to the victim

If such misrepresentation leads the woman to consent to sexual intercourse, the act may fall under Section 69.

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3. False Statements About Important Facts

Deceit can also involve lying about significant matters that influence the woman’s decision.

Examples may include:

• Lying about marital status

• Claiming to be unmarried when already married

• Misrepresenting personal circumstances to gain trust

If such false information is deliberately used to obtain consent for sexual relations, the law may treat it as deceitful means.

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4. Emotional Manipulation Through Fraud

In some cases, the accused may manipulate the victim emotionally by creating false expectations of commitment or future plans.

If such manipulation is done intentionally to obtain sexual consent, it may fall within the scope of Section 69.

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Essential Ingredients of the Offence

For a person to be convicted under Section 69 BNS, certain essential elements must be established.

1. Sexual Intercourse Must Have Occurred

The first requirement is that sexual intercourse must have taken place.

Without the occurrence of sexual intercourse, the offence under this section cannot be established.

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2. Consent Obtained Through Deceit

The second element is that the consent of the woman must have been obtained through fraudulent or deceitful means.

This means the woman agreed to the act because she believed something that was not true.

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3. False Promise or Deception

The accused must have used false promises or misrepresentation to obtain consent.

If the accused acted honestly and the relationship later failed for genuine reasons, the offence may not apply.

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4. Sexual Intercourse Must Not Amount to Rape

Section 69 applies only when the act does not amount to rape under the law.

If the circumstances satisfy the legal definition of rape, the offence will be prosecuted under rape provisions rather than Section 69.

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Punishment Under Section 69

The punishment prescribed under Section 69 is:

• Imprisonment up to 10 years

• Fine

The exact punishment depends on various factors, such as:

• The seriousness of the deception

• The impact on the victim

• Evidence presented before the court

• Circumstances of the case

The court has discretion to decide the appropriate sentence within the maximum limit.

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Difference Between Section 69 and Rape

One of the most important aspects of Section 69 is its distinction from rape.

Basis	Rape	Section 69 BNS
Consent	No consent or forced	Consent obtained through deception
Nature of Act	Violent or coercive	Fraudulent or manipulative
Legal Provision	Rape provisions	Section 69
Punishment	Severe imprisonment	Up to 10 years

Thus, Section 69 covers cases where consent exists but is based on fraud.

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Legal Importance of Section 69

Section 69 plays an important role in modern criminal law for several reasons.

1. Protection Against Sexual Exploitation

The provision protects women from being exploited by individuals who manipulate emotions and trust for sexual gain.

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2. Recognition of Fraudulent Consent

The law recognizes that consent obtained through lies or deception cannot be treated as genuine consent.

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3. Filling Legal Gaps

Earlier, many such cases were difficult to prosecute because they did not clearly fall within the definition of rape.

Section 69 fills this gap by creating a separate offence.

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4. Strengthening Women’s Rights

The provision strengthens legal protections for women and promotes respect for bodily autonomy and dignity.

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Practical Examples

Example 1

A man promises to marry a woman and repeatedly convinces her to engage in sexual relations. Later it becomes clear that he never intended to marry her and only used the promise as a means to obtain sexual consent.

This situation may fall under Section 69 BNS.

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Example 2

A person hides his true identity and pretends to be someone else in order to have sexual relations with a woman.

If the woman consents because she believes his false identity, the act may be considered sexual intercourse by deceitful means.

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Example 3

A married man lies about being unmarried and enters a relationship with a woman. If the deception is proven to have been used to obtain sexual consent, it may be considered an offence under Section 69.

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Role of Evidence in Section 69 Cases

Evidence plays a crucial role in such cases because the court must determine whether deception actually occurred.

Important forms of evidence may include:

• Messages and chats

• Emails or social media communication

• Witness testimony

• Statements of the victim

• Conduct of the accused

Courts carefully examine the intent and behavior of the accused to determine whether the promise or representation was genuine.

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Judicial Interpretation

Although Section 69 is relatively new, courts are likely to interpret it using principles developed in earlier cases under the previous criminal law.

Courts have often held that not every failed relationship or broken promise amounts to a criminal offence.

For the offence to exist, it must be proven that the promise was false from the beginning and made only to obtain sexual consent.

Thus, the courts usually examine:

• The nature of the relationship

• The duration of the relationship

• Evidence of intention

• Behavior of the accused

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Criticism and Debate

Like many criminal law provisions, Section 69 has also generated debate.

Some critics argue that:

• It may be misused in certain cases after relationships break down

• Determining intention can be difficult

• Personal relationships may become subject to criminal litigation

However, supporters argue that the law is necessary to prevent exploitation and protect vulnerable individuals.

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Impact on Society

The introduction of Section 69 reflects broader social changes in the understanding of consent and personal relationships.

The law emphasizes that:

• Consent must be informed and genuine

• Deception cannot be used to exploit someone sexually

• Emotional manipulation can also cause serious harm

This provision aims to promote honesty, responsibility, and respect in intimate relationships.

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Conclusion

Section 69 of the Bharatiya Nyaya Sanhita is an important addition to India’s criminal law framework. It specifically addresses cases where sexual intercourse occurs through fraudulent promises, deception, or misrepresentation.

While the act may not legally amount to rape, the law recognizes that consent obtained through deceit is not true consent.

By introducing this provision, the legislature has strengthened protections against sexual exploitation and abuse of trust.

Section 69 therefore plays a crucial role in ensuring that intimate relationships are based on honesty, mutual respect, and genuine consent, while also providing legal remedies when deception is used to manipulate another person.