Analysing the Vagueness and Shortcomings of Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023

Section 69 of the Bharatiya Nyaya Sanhita, 2023, makes it a crime to engage in sexual intercourse under false promises of marriage, thus offering legal protection to women against exploitation. While this provision recognizes the seriousness of such deceit, it does not categorize it as rape, presenting a significant legal hurdle. Additionally, the section expands the definition of "deceitful means" to encompass not only false marriage promises but also misleading assurances regarding employment or promotions, further complicating its enforcement. This article offers a critical examination of the provision's wording, highlighting its ambiguity related to deceit and consent, gender specificity, and its potential for diverse legal interpretations. It also examines the prosecution's difficulties in proving lack of marriage intent, compares it to current rape legislation, and considers the potential for frivolous lawsuits. Additionally, the relationship to Section 28 of the BNS, which addresses consent obtained through threats of harm or misconceptions about the act or its consequences, introduces another layer of complexity. In summary, although Section 69 aims to protect women, its broad scope and unclear definitions require further clarification and consistent guidance from the legislature and judiciary to avert misuse and ensure effective legal protection.