10-Year Jail for Break-ups Under New Law. Details Inside

New Delhi: Section 69 of the Bharatiya Nyaya Sanhita (BNS) criminalises sex on the pretext of marriage, which has experts worried that men might be harassed if a relationship doesn't work out. The man can face up to 10 years of imprisonment, says the law. 

"Whoever, by deceitful means or by making a promise to marry a woman without any intentio 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," the Section 69 of the new Bhartiyia Nyaya Sanhita says. 

What was the provision earlier?

Earlier, the Indian Penal Code didn't have specific provision for sexual intercourse by concealing facts or by deceit however they were tried under Section 90 of the IPC, which mentioned a woman could not have consented to sexual intercourse if there was a "misconception of fact". Women could allege rape when a relationship fell through, but with Section 69, women can claim to have consented to sexual intercourse upon false promises.

What is Section 69? 

Section 69, in a way, makes break-ups illegal, and men in relationships prone to being harassed if the relationship doesn't end in marriage.

Section 69 has been brought in to address the issue of marriages undertaken by concealing identity or suppression of facts. This could also be used in cases where there is complaint that marriages, especially interfaith marriages, have taken place where the man concealed his identity.

Deceitful has been explained in the Section as "inducement for, or false promise of employment or promotion, or marrying by suppressing identity".

"The promise to marry" part of Section 69 opens a Pandora's box for people in relationships and law enforcement officials.

The imprisonment for the "promise to marry" aspect of Section 69 has got people in relationships worried that men will get unfairly targeted as a result of the souring of relationships. Lawyers say an intent to deceive could be established if the relationship ended for other reasons, but the male partner could face grave consequences. Police officials say Section 69 of the BNS might make arresting men easier without credible evidence.