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The Marriage Obsession: The Need For A Broader Interpretation Of Section 69 Of The Bharatiya Nyaya Sanhita, 2023




Y Jivith Vasumaan, BBA LLB, PES University


ABSTRACT


Section 69 of the Bharatiya Nyaya Sanhita, 2023 was introduced to address situations where consent to sexual intercourse is obtained through certain forms of deceit. Although the provision covers different kinds of deception, such as false promises of employment, promotion, marriage, or concealment of identity, discussions surrounding the section have largely focused on cases involving false promises of marriage. As a result, the other forms of deceits mentioned in the provision have received comparatively lesser attention.


This paper argues that treating Section 69 primarily as a provision dealing with marriage-related deception narrows its scope and limits the protection that the legislature intended it to have. The wording of the section suggests that Parliament intended to recognise multiple forms of dishonest inducement capable of influencing consent, rather than giving special importance to any one category. A narrow interpretation may therefore overlook victims who have been induced into sexual relations through other deceptive means expressly covered by the law. The paper also focuses on a broader and more balanced understanding of Section 69. Such an approach would better reflect legislative intent and ensure that the provision remains relevant to the various forms of deceit it was designed to address.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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