Punishment
Imprisonment up to
10 Years and Fine
False Promise
of Marriage
Yes
Employment/
Promotion Promise
Included
Identity Suppression
Included
Court of
Session
Legal Provision
Whoever, by deceitful means or by making a false promise of marriage, or by impersonation, induces any person to believe that he is lawfully married to her and thereby has sexual intercourse with her, shall be punished under BNS Section 69.
Statutory Context
Section 69 appears in Chapter V of the Bharatiya Nyaya Sanhita, 2023, under offences against women and children, within the provisions dealing with sexual offences.
Key Legal Ingredients
Deceitful Means or False Promise
Sexual intercourse must be by deceitful means or a promise to marry without any intention of fulfilling it.
Sexual Intercourse
The provision applies where sexual intercourse occurs with a woman in the circumstances specified by Section 69.
Employment or Promotion
Deceitful means include inducement for, or a false promise of, employment or promotion.
Marrying by Suppressing Identity
Deceitful means also include marrying by suppressing identity.
Legal Exception
Section 69 does not apply when the act amounts to the offence of rape.
Violation vs Lawful Act
Violation (Section 69)
Sexual intercourse with a woman by deceitful means or by making a promise to marry without intending to fulfil it, where the act does not amount to rape.
Example:
A person makes a promise to marry without intending to fulfil it and, by that means, engages in sexual intercourse with the woman.
Lawful Act
A consensual sexual relationship based on mutual consent, without deception, or any fraudulent representation regarding marriage.
Example:
A relationship based on genuine intentions, mutual consent and without the deceitful conduct specified under Section 69.
Violation vs Lawful Act
Violation (Section 69)
Sexual intercourse with a woman by deceitful means or by making a promise to marry without intending to fulfil it, where the act does not amount to rape.
Example:
A person makes a promise to marry without intending to fulfil it and, by that means, engages in sexual intercourse with the woman.
Lawful Act
A consensual sexual relationship based on mutual consent, without deception, or any fraudulent representation regarding marriage.
Example:
A relationship based on genuine intentions, mutual consent and without the deceitful conduct specified under Section 69.
Frequently asked questions
BNS, 2023 came into force on 1 July 2024, and Section 69 forms part of its provisions relating to offences against women.
No. The provision specifically concerns a promise to marry made without intention of fulfilling it, where sexual intercourse follows in the circumstances described by the section.
Section 69 expressly states that “sexual intercourse” means the acts referred to in clauses (a) to (d) of Section 63 of the BNS.
Yes. Its Explanation specifically includes inducement or false promises of employment or promotion, as well as marrying by suppressing identity, within “deceitful means.”
Yes. Section 72 of the BNS restricts printing or publishing information that may reveal the identity of a victim in proceedings involving Section 69, subject to the exceptions provided in that section.
IMPORTANT POINTS
- Intention matters — A failed marriage promise alone does not automatically establish an offence under Section 69.
- Facts are crucial — Each case requires careful examination of the circumstances and evidence surrounding the relationship.
- Rape distinction — Section 69 applies only where the sexual intercourse does not amount to rape.
- Identity protection — Law restricts publication of information that could reveal the victim’s identity.
IMPORTANT POINTS
- Intention matters — A failed marriage promise alone does not automatically establish an offence under Section 69.
- Facts are crucial — Each case requires careful examination of the circumstances and evidence surrounding the relationship.
- Rape distinction — Section 69 applies only where the sexual intercourse does not amount to rape.
- Identity protection — Law restricts publication of information that could reveal the victim’s identity.
