Section 69 BNS : Sexual intercourse by employing deceitful means, etc.— Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Explanation.— “deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.
Section 69 BNS Punishment
| Section | Punishment | By what Court triable |
|---|---|---|
| Section 69 BNS | Imprisonment which may extend to 10 years and fine. | Court of Session. |
Section 69 BNS Bailable or Not
| Section | Bailable or Non-bailable |
|---|---|
| Section 69 BNS | Non-Bailable |
Section 69 BNS Cognizable or Not
| Section | Cognizable or Non-cognizable |
|---|---|
| Section 69 BNS | Cognizable |
BNS Section 69 Compoundable or Not
| Section | Compoundable or Not? |
|---|---|
| Section 69 BNS | Non-Compoundable |
Frequently Asked Questions (FAQ)
Section 69 BNS—often referred to as BNS 69—is a legal provision designed to address specific cases of sexual misconduct that do not fall under the traditional definition of rape. This section covers situations where deceitful practices are used to obtain sexual consent, particularly when a promise of marriage is involved.
Section 69 BNS, or BNS 69, deals with cases where someone uses deceit to engage in sexual intercourse. The law specifically targets situations where deceit is used, or promises made without intention to follow through, leading to sexual activity. The key aspect here is that the sexual intercourse involved does not qualify as rape under the traditional legal definitions.
According to this section, if a person deceives another, particularly a woman, into sexual activity by promising marriage with no real intention of fulfilling that promise, this act is punishable under the law. The deceitful means can include a false promise of marriage or employment, or any other form of misleading behavior.
What Constitutes Deceitful Means Under BNS 69?
The term “deceitful means” in Section 69 BNS encompasses various forms of dishonesty. This might include:
- False Promises: Promising to marry someone without any intention of following through.
- Misrepresentation: Giving false information about one’s identity or circumstances to gain trust and consent.
- Employment Inducements: Offering a job or promotion as a lure for sexual favors, knowing full well that such promises are not genuine.
These deceptive tactics undermine genuine consent and manipulate the victim into engaging in sexual activity under false pretenses.
Legal Consequences Under BNS 69
Violations of Section 69 BNS are taken seriously by the legal system. Those found guilty of employing deceitful means to engage in sexual intercourse can face severe penalties. The law stipulates that such offenses can result in imprisonment for up to ten years. Additionally, the convicted individual may be required to pay a fine, though the exact amount can vary depending on the case and the court’s decision.
The imprisonment term under BNS 69 is flexible, meaning that the court has discretion to impose a sentence of either description—whether rigorous or simple imprisonment. This flexibility allows the legal system to tailor the punishment to fit the severity of the deceit and its impact on the victim.
Examples and Clarifications
To better understand Section 69 BNS, consider a few examples. Imagine someone who tells a woman that they intend to marry her and engages in sexual intercourse under this false promise. If it later becomes clear that there was never any real intention to marry, this could be grounds for prosecution under BNS 69.
Similarly, if someone falsely claims to have a high-profile job or position to persuade another person into sexual activity, this deception falls under the scope of Section 69 BNS. The key factor is the deceit used to obtain consent, not just the act of sexual intercourse itself.
Why Is BNS 69 Important?
Section 69 BNS plays a crucial role in addressing sexual misconduct that falls outside traditional rape laws. It recognizes that consent obtained through deception is not genuine consent and provides a legal pathway to address such wrongs. This section helps ensure that individuals who use dishonest means to exploit others are held accountable.
By explicitly addressing the use of deceitful means, BNS 69 aims to protect individuals from being manipulated into sexual activities under false pretenses. It underscores the importance of honesty and integrity in personal relationships and consent.
Challenges and Criticisms
While Section 69 BNS offers important protections, it is not without challenges. Proving deceit can be difficult, as it often involves examining the intent and credibility of the involved parties. Cases may become complex, requiring detailed evidence and careful legal analysis.
Critics argue that BNS 69 might be misused or misunderstood, potentially leading to false accusations. As with any legal provision, it is crucial for the judicial process to ensure fairness and accuracy in handling such cases.
Conclusion
Section 69 BNS, or BNS 69, represents a significant legal measure to combat sexual misconduct facilitated by deceit. By addressing situations where deceitful promises are used to obtain sexual consent, this law aims to provide justice and uphold ethical standards in personal relationships. Understanding its scope and implications is essential for both individuals and legal professionals to navigate and address such issues effectively.