Section 69 BNS: Sex on False Promise of Marriage
Why in the news
Section 69 of the Bharatiya Nyaya Sanhita, 2023 criminalises sex obtained through a false marriage promise, and critics say it overlaps with the rape provision.
Key facts
- A separate offence; the IPC had no stand-alone equivalent.
- Punishment: up to 10 years and fine, distinct from rape under Section 63.
- Courts separate breach of promise from deliberate deception.
| Case | Principle |
|---|---|
| Anurag Soni v. State of Chhattisgarh (2019) | Falsity of the promise must be shown from the outset |
| Rajnish Singh @ Soni v. State of U.P. (2025) | Long consensual ties weaken a coercion claim |
| Abhishek Arjariya v. State of M.P. (2025) | Continuing a relationship despite known facts, such as an existing marriage, weakens a vitiated-consent claim |
Concerns
- Section 28 defines consent and covers misconception of fact, making Section 69 redundant if such acts are rape under Section 63.
- No non-obstante clause in Section 69 and no carve-out in Section 63, inviting Article 14 challenges.
- Courts already quash such FIRs.
Way forward
- Police to hold a preliminary inquiry before charge-sheeting, saving litigation and protecting both parties.
Exam angle
- Sections: 63 rape, 69 false promise, 28 consent.