Section 69 BNS: Sexual Intercourse by Employing Deceitful Means, etc.
Section 69 of the Bharatiya Nyaya Sanhita, 2023 creates an offence where a person has sexual intercourse with a woman by deceitful means, or by making a promise to marry her without any intention of fulfilling that promise, where the sexual intercourse does not amount to rape.
What does Section 69 BNS cover?
The section covers two broad statutory situations: the use of deceitful means to obtain sexual intercourse, and a promise to marry made without any intention of fulfilling that promise. In either situation, the sexual intercourse must not amount to the offence of rape.
| Element | What Section 69 requires |
|---|---|
| Deceitful means | Sexual intercourse obtained by deceitful means as described in the provision and its Explanation. |
| Promise to marry | A promise to marry made without any intention of fulfilling the promise. |
| Nature of act | The sexual intercourse must not amount to the offence of rape. |
| Punishment | Imprisonment of either description for a term which may extend to 10 years, and fine. |
Text of Section 69, Bharatiya Nyaya Sanhita, 2023
69. Sexual intercourse by employing deceitful means, etc.
Whoever, by deceitful means or by making promise to marry to a woman without any intention 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.
Explanation.—"deceitful means" shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.
Meaning of "deceitful means"
The Explanation expressly states that "deceitful means" includes inducement for, or a false promise of, employment or promotion, and marrying by suppressing identity. The use of the word "include" means the statutory Explanation identifies specified forms of deceit within the scope of the expression.
Promise to marry without intention to fulfil it
The statutory language does not treat every unfulfilled promise to marry as sufficient by itself. Section 69 specifically refers to a promise to marry made "without any intention of fulfilling the same." The existence or absence of such intention is therefore a fact-sensitive issue to be determined from the circumstances and evidence of the particular case.
Why the phrase "not amounting to rape" matters
Section 69 is expressly limited to sexual intercourse that does not amount to rape. If the facts satisfy the statutory definition of rape under Section 63 BNS, the applicable rape provisions must be considered instead.
Punishment under Section 69 BNS
A person convicted under Section 69 may be punished with imprisonment of either description for a term which may extend to ten years and is also liable to fine. The section does not prescribe a statutory minimum term of imprisonment.
Related BNS provisions
Related provisions include Section 63 on rape, Section 67 on sexual intercourse by a husband during separation, Section 68 on sexual intercourse by a person in authority, and Section 70 on gang rape.
Protection of victim identity under Section 72 BNS
Section 72 BNS restricts publication of the name or any matter that may make known the identity of a person against whom an offence under specified provisions, including Section 69, is alleged or found to have been committed, subject to the statutory exceptions contained in that section.
Official legal references
For the authoritative statutory text, refer to the India Code website. The Ministry of Home Affairs New Criminal Laws page provides official material relating to the Bharatiya Nyaya Sanhita, 2023 and the other new criminal laws.
Note: This page reproduces and explains the statutory provision for general legal information. The applicable legal position in a particular matter may depend on the facts, evidence, date of occurrence, procedural provisions and binding judicial decisions.