New Delhi: Relationships, consent, and marriage have always been complex areas for law enforcement. These complexities are back in the spotlight with the introduction of the new Bharatiya Nyaya Sanhita (BNS), which replaced the 164-year-old Indian Penal Code (IPC) on July 1. Section 69 of the BNS has drawn the concerns of experts. This section stipulates that if a person makes a promise to marry without intending to fulfill it and engages in a sexual relationship based on that promise, they could face up to 10 years of imprisonment.What is Section 69 of BNS Section 69 highlights the fact that if anyone, by deceitful means or gives his word for the promise of marriage and has no intention of fulfilling the same but gets involved with the woman sexually then he will be punished which will not be as severe as rape but will be sent to the jail for then years according to the extent of the offense. This provision is unheard of, as the IPC did not specifically address sexual intercourse obtained through deceit or false promises. Previously, such cases were tried under Section 90 of the IPC, which indicated that a woman could not have given valid consent if there was a misconception of fact. Under Section 69, women can claim they consented to sexual intercourse based on false promises. In a sense, Section 69 makes breakups potentially illegal, exposing men in relationships to harassment if the relationship does not lead to marriage.Section 69 aims to address issues of marriages entered into by concealing identity or suppressing facts. It can also be applied in cases where interfaith marriages occur, and the man conceals his identity.Challenges aheadThe promise to marry component of Section 69 creates significant challenges for people in relationships and for law enforcement officials. The provisions potential to criminalize failed relationships has led to concerns that men could be unfairly targeted if relationships do not result in marriage. Lawyers point out that an intent to deceive could be inferred if a relationship ends for other reasons, this makes the male partner prone to severe consequences. Police officials fear that Section 69 might facilitate the arrest of men without substantial evidence. While arrests can be made following an initial investigation, proving a case in court with solid evidence remains a daunting task.
