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Home › BNS Sections › Section 69
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 69 BNS - Sexual intercourse by employing Deceitful means etc

धारा 69 BNS एक नया अपराध है - छल से या बिना इरादे के शादी का झूठा वादा कर यौन संबंध बनाना, जो बलात्संग की श्रेणी में न आता हो। पुरानी IPC में इसकी कोई अलग धारा नहीं थी; सजा दस साल तक कैद और जुर्माना है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
69 - Sexual intercourse by employing Deceitful means etc
Punishment
Imprisonment which may extend to 10 years and fine.
Cognizable?
Cognizable.
Bailable?
Non-bailable.
Triable by
Court of Session.

Old law → Section 69 BNS

Corresponds toChangeRemarks
- Newly added “ 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. ”

Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is a new offence with no counterpart in the IPC: sexual intercourse obtained by deceitful means, or by making a promise to marry a woman without any intention of fulfilling it, where the act does not amount to rape. Introduced when the BNS came into force on 1 July 2024, it gives a specific statutory home to the "false promise of marriage" cases that Indian courts had wrestled with for decades.

What Section 69 BNS provides

Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her - such 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. The Explanation defines "deceitful means" to include:

  • inducement for, or a false promise of, employment or promotion; or
  • marrying by suppressing identity.

The two essential ingredients

First, the deception must exist at the time of the act - a promise to marry made dishonestly, with no intention of keeping it, or one of the listed deceitful inducements. Second, the intercourse must be one that would not otherwise be rape: the section expressly carves out cases "not amounting to the offence of rape", so where consent is absent or legally vitiated to that degree, the rape provisions apply instead. The line the courts had already drawn remains central: in Pramod Suryabhan Pawar v. State of Maharashtra (2019), the Supreme Court distinguished a false promise made in bad faith from the outset from a genuine promise later broken - a relationship that fails, or a marriage plan that collapses for real reasons, is not criminal deception. That distinction will do the same work under Section 69.

Procedure and bail

The offence is cognizable - the police can register an FIR and investigate without a magistrate's order - and non-bailable, so bail is at the court's discretion. It is triable by the Court of Session.

What changed from the old law

Everything - because there was no such section. Under the IPC, a woman deceived into a sexual relationship by a false promise of marriage could pursue, at most, a rape prosecution on the argument that her consent rested on a misconception of fact, an approach that produced uneven results and sat uneasily with genuine relationships that simply ended. Section 69 creates a distinct, lesser-than-rape offence for obtaining intercourse by deception, with its own ten-year ceiling. It has also drawn public debate - particularly the "marrying by suppressing identity" limb - and its precise contours will be shaped by the courts in the coming years.

Considering a complaint under Section 69, or accused in one? These cases turn on proving what was intended at the very start of the relationship - messages, conduct and timelines matter. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 69 BNS?

Section 69 of the Bharatiya Nyaya Sanhita, 2023 punishes sexual intercourse obtained by deceitful means, or by a promise to marry made without any intention of fulfilling it, where the act does not amount to rape - with imprisonment up to ten years and fine.

What counts as deceitful means under Section 69 BNS?

The Explanation includes inducement for, or a false promise of, employment or promotion, and marrying by suppressing identity - alongside the false promise of marriage the section itself names.

Is a breakup after a promise to marry an offence under Section 69?

No. The promise must have been false from the outset, made without any intention of fulfilling it. Following Pramod Suryabhan Pawar v. State of Maharashtra (2019), a genuine promise that is later broken is not criminal deception.

Is Section 69 BNS bailable, and which court tries it?

The offence is cognizable and non-bailable, and is triable by the Court of Session, so bail is at the court's discretion.

Did the IPC have an equivalent of Section 69 BNS?

No. It is a new provision. Earlier, false-promise-of-marriage cases could only be pursued under the rape provisions on the argument that consent rested on a misconception of fact; Section 69 now creates a distinct offence for intercourse obtained by deception.

What is Section 69 BNS?

Section 69 of the Bharatiya Nyaya Sanhita covers sexual intercourse obtained by deceitful means or a false promise of marriage where the act does not amount to rape. The offence carries imprisonment of up to ten years along with a fine.

What does deceitful means include under Section 69 BNS?

The Explanation to Section 69 defines deceitful means to include inducement for or a false promise of employment or promotion, or marrying by suppressing identity.