Section 69 Of Bharatiya Nyaya Sanhita, 2023: Criminalisation Of False Promise Of Marriage – A Legal And Constitutional Analysis
- IJLLR Journal
- Jul 8
- 1 min read
Gauri Joshi, LL.B., Bharati Vidyapeeth’s Institute of Management and Research (BVIMR), New Delhi
ABSTRACT
The Bharatiya Nyaya Sanhita, 2023 introduced Section 69 to criminalise sexual intercourse obtained through deceitful means, including a false promise of marriage. This provision seeks to address consent obtained through deception while reducing the legal uncertainty that existed under the Indian Penal Code, 1860.
This paper examines the scope, purpose, and legal significance of Section 69 by analysing its statutory framework and judicial background. It distinguishes between a deliberately false promise and a genuine relationship that ends due to changing circumstances. The paper also evaluates the constitutional implications of the provision, particularly under Articles 14 and 21 of the Constitution of India.
While Section 69 strengthens protection against deception-based exploitation, concerns remain regarding its broad wording, evidentiary challenges, and potential impact on consensual adult relationships. The paper concludes that a balanced interpretation is essential to protect victims while safeguarding individual rights and constitutional freedoms.
Keywords: Bharatiya Nyaya Sanhita, Section 69, False Promise of Marriage, Consent, Deceitful Means, Constitutional Law.
