Section 69 of the BNS is redundant, Pg9

Key Highlights:

• Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 criminalises sexual relations based on false promise of marriage, but has limited legal relevance.
• The Supreme Court and High Courts have consistently quashed cases where long-term relationships existed, citing absence of deceit or misconception.
• The definition of rape and consent under Section 63 and 28 of BNS already covers such cases.
• Section 69 adds no new legal value, and is arguably redundant and violates Article 14 due to duplication.
• Misuse of Section 69 could lead to unnecessary FIRs; better legal clarity and pre-investigation screening is advised.

Background/Context

• False promise of marriage cases have long occupied a grey legal area, especially when the woman consents to a physical relationship based on such a promise.
• Previously handled under Section 375 of IPC, these cases are now covered under Section 69 of BNS, a stand-alone section.

Key Developments

• Courts in cases like Anurag Soni v. State of Chhattisgarh (2019) and Rajnish Singh v. State of U.P. (2025) ruled that absence of deceit and existence of a consensual, ongoing relationship weakens the charge of rape.
• Misconception of fact under Section 28 of BNS and consent without coercion or fraud are key principles that already govern such cases.
• In Abhishek Arjariya v. The State of Madhya Pradesh (2025), the High Court quashed proceedings due to lack of a valid offence.

Strategic/Policy/Legal/Economic Implications

• Redundancy of Section 69 creates legal ambiguity and potential for misuse.
• Duplicate provisions could violate Article 14 (equality before law), as they are not a reasonable classification distinct from existing laws.
• Could lead to delays in justice, unnecessary FIRs, and misuse against men in non-coercive relationships.
• Raises issues of privacy, bodily autonomy, and criminalising consensual adult relationships.

India's Stand or Way Forward

• The judiciary has clarified the conditions under which consent is valid or vitiated, reducing the need for Section 69.
• The government should consider removing or refining Section 69, or carving out an exception in Section 63 to avoid overlap.
• Introduce guidelines for police and prosecutors to assess merit before filing such cases.

Challenges Ahead

• Maintaining balance between protecting women’s rights and avoiding overcriminalisation of private relationships.
• Preventing misuse of the legal system by clearly defining terms like "deceit", "consent", and "misconception of fact".
• Ensuring sensitivity in police handling of cases involving intimate relationships and social stigma.

Mains Mock Question:

“Critically analyse the need for Section 69 of the Bharatiya Nyaya Sanhita, 2023, in light of existing legal provisions on consent and rape. Does it serve any new legal purpose, or is it constitutionally redundant?”