The introduction of Section 69 in the Bharatiya Nyaya Sanhita (BNS) has sparked concerns among legal experts and the public alike. This new provision criminalizes sexual intercourse based on deceitful promises of marriage or employment.
Under Section 69, individuals who engage in sexual relations after falsely promising marriage, without genuine intent, can face up to 10 years of imprisonment along with fines.
Critics argue that while Section 69 aims to protect individuals from exploitation, particularly women, it may also lead to misuse and wrongful accusations. Proving the absence of genuine intent to marry in court poses a significant challenge, as intent is subjective and difficult to substantiate after a relationship ends.
Lawyers express concerns that the provision could be weaponized in cases of relationship breakdowns, potentially resulting in unfair arrests and prolonged legal battles.
Police officials note that the section might facilitate easier arrests but acknowledge the difficulty in gathering credible evidence to substantiate claims of deceitful promises. While electronic communications like text messages and call records could serve as evidence, establishing that sexual relations occurred solely on the promise of marriage remains legally complex.
Section 69 of the Bharatiya Nyaya Sanhita presents a double-edged sword, aiming to protect against exploitation while raising concerns about potential misuse and the complexities of proving intent in court. Its implementation will likely shape future legal landscapes and conversations around personal accountability and justice.