theIASHub | 23 Apr, 2025
Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023: The Section has introduced a new stand-alone offence for sexual intercourse on false promise of marriage, with lesser punishment than rape under Section 63 BNS.
o No Change in Rape Definition: Section 69 was introduced without any change to the definition of rape or consent under Section 63 and Section 28 of the BNS.
o Punishment Reduced: The section has reduced punishment compared to rape under Section 63 BNS or Section 375 of IPC.
o Covered Under “Misconception of Fact”: Consent obtained under false promise of marriage is already covered under “misconception of fact” in Section 28 BNS, and hence qualifies as rape under Section 63.
o Overlap with Rape Law: Since such cases already fall under the ambit of rape, introducing Section 69 as a separate offence of lesser gravity makes it redundant.
o Anurag Soni v. State of Chhattisgarh (2019): SC held that unless false promise existed from the start, it is not rape.
o Rajnish Singh @ Soni v. State of U.P. (2025): A 15-year consensual relationship was held not rape, as the woman portrayed herself as wife.
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