Intent: Deciphering Section 69 of the BNS And The Threshold of a Deceitful Promise

Authored by:

Sahil Sunil Naik, 2^nd Year LL.B, Haveli Institute Of Legal Studies And Research

Abstract

The transition from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS) marks a paradigm shift in Indian criminal jurisprudence. Specifically, Section 69 introduces a distinct statutory provision for sexual intercourse obtained through deceitful means or a false promise to marry, effective craving this out from the traditional purview of rape. While legislatively intended to resolve historical ambiguities, the practical application of Section 69 presents a critical challenge in objectively distinguishing between a mala fide “deceitful promise” present at the inception of the relationship criminal liability and a bona fide “breach of promise” resulting from a natural breakdown (civil or no liability).

This paper critically analyses every judicial trend by examining recent High Court bail orders and quashing petitions invoking Section 69. By rigorously evaluating the facts, legal issues, decisions, and underlying reasoning of these preliminary rulings, this research identifies how courts are establishing an evidentiary threshold for deceit. The paper argues that without standardised judicial guidelines, the application of Section 69 risks replicating the interpretative inconsistencies of the erstwhile IPC regime. Ultimately, this article proposes a prescriptive multi-factor framework for trial courts to evaluate intent, aiming to balance the rigorous protection of victims against the potential misuse of the statute.

Keywords: Bharatiya Nyaya Sanhita (BNS), Section 69, Deceitful Promise to Marry, Criminal Jurisprudence, Statutory Interpretation, Evidentiary Thresholds.

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VOLUME 2 | ISSUE 6