Section 69 of the Bharatiya Nyaya Sanhita, 2023 is a new law that aims to protect women from being misled into sexual relationships. It criminalizes an individual who has sexual relations with a woman by deception. This may include a false promise of marriage or abuse of trust or intimacy to obtain her consent. The concept is to acknowledge that sometimes consent is not freely given but rather the product of lies, manipulation, or emotional pressure. While the purpose of this law is to protect women from such harm, it also brings serious challenges when applied in real life. The toughest part is proving what was in the accused person’s mind at the time. The court has to decide whether the promise made such as marriage was a genuine one that later failed, or a false one made only to obtain consent for sex. This is a very difficult task, because people’s minds cannot be read, and relationships often involve emotional ups and downs. What may start as a genuine relationship can later break down due to misunderstandings or other reasons, without any criminal intention. This creates a big challenge in proving the case. Courts often rely on the woman’s complaint, her version of the story, and sometimes messages or chats exchanged between the two. But these may not always clearly show that the man had a dishonest mind from the beginning. If a person honestly intended to marry but changed his mind later due to valid reasons, it should not be treated as a crime. However, under Section 69, it becomes very easy to file a case based on a failed relationship. This raises the fear of misuse of the law, especially when emotions run high after a breakup. Innocent people may face arrest, social shame, and long legal battles even if there was no intention to cheat. Another concern is the use of legal presumptions. In many such cases, courts may start with the assumption that the man is guilty unless he can prove otherwise. But this goes against the core principle of criminal justice that everyone is innocent until proven guilty beyond reasonable doubt. Criminal law is supposed to punish the guilty, not to create fear or risk for innocent people caught in complicated personal matters. This research paper tries to explore all these concerns. It examines how comparable cases have been dealt with in Indian courts in the past, and what can we learn from them. It also juxtaposes legislation in other nations, where such private concerns are handled with greater sensitivity. Lastly, it provides recommendations for enhancing this law such as including more explicit guidelines, additional requirements for evidence, and improved protections to ensure that the law serves to protect those who really deserve justice, and at the same time avoids unjust punishment of innocent individuals.
Sumesh bhagwati (Sun,) studied this question.