BNS Section 69: Sex by False Promise of Marriage — New Law Explained (2024)

For decades, Indian courts faced a recurring dilemma: a man who promises marriage to obtain sexual consent, with no intention of marrying, has he committed rape? The Supreme Court in Uday v. State of Karnataka (2003) held that consent on a false promise of marriage from inception is no consent, making it rape. In Deepak Gulati v. State of Haryana (2013), the court distinguished genuine promises that broke down (not rape) from calculated deception (rape). This inconsistency meant that identical facts attracted either life imprisonment (if charged as rape) or nothing (if acquitted). BNS Section 69 resolves this by creating a proportionate standalone offence. The key elements are: (1) sexual intercourse; (2) obtained by deceitful means OR by a false promise of marriage; (3) the promise was made without any intention of fulfilling it at the time. The last element — original fraudulent intent — is crucial. A man who genuinely intended to marry but changed his mind later (due to parental pressure, changed feelings, etc.) does not commit BNS 69. BNS 69 is controversial: critics argue it could be misused when relationships break down; supporters argue it protects women from calculated sexual exploitation.