Section 69: Sex under false promise of marriage gets specific provision in BNS

The Bharatiya Nyaya Sanhita Bill tabled before Parliament on Friday by Union Home Minister, and intended to replace the Indian Penal Code (IPC) includes specific provisions to tackle offenses involving marrying a woman by concealing identity, false promise of marriage, promotion and employment. The provisions call for a 10-year imprisonment for these offenses. 

Amit Shah tabled three bills before Parliament on Friday. While the aforementioned BNS is set to replace the IPC, the Bharatiya Nagarik Suraksha Sanhita is set to replace the Code of Criminal Procedure (CrPC) and the Bharatiya Shakshya Bill to replace the Indian Evidence Act. 

Section 69 of the Bharatiya Nyaya Samhita 

Section 69 of the Bharatiya Nyaya Samhita pertains to sexual intercourse under the false promise of marriage or deceitful means. The section, in its current form, reads: "Whoever, by deceitful means or making a promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offense of rape, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to a fine."

It further states that "deceitful means" shall include the false promise of employment or promotion, inducement, or "marrying after suppressing identity."

"In all cases of gang rape, there will be punishment of 20 years to life imprisonment. In case of rape of girls less than 18 years of age, the punishment will be death," according to the Bill.

The IPC, as it stands right now, does not have a specific clause dealing with sexual intercourse based on a false promise of marriage. Such instances are typically covered under Section 90 of the IPC where consent obtained through "misconception of fact" is deemed invalid. In these cases, the accused can be charged under Section 375 which addresses the offence of rape.  

Voyeurism now gender neutral

The proposed bill has also made the crime of voyeurism gender neutral, with a punishment of three to seven years.

The proposed bill asserts that whoever "commits rape on a girl under 12 years of age shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death."

Anyone who commits rape shall be punished with rigorous imprisonment of not less than 10 years, which may extend to imprisonment for life, and shall also be liable to fine.

If a police officer, public servant, or member of the armed forces commits rape, he shall be punished with rigorous imprisonment for a term that shall not be less than 10 years, but may extend to imprisonment for life.

The Bharatiya Nyaya Samhita Bill, along with the two other Bills has now been referred to a parliamentary standing committee.