Section 69 of the Bharatiya Nyaya Sanhita, 2023 introduces a new offence addressing sexual intercourse obtained through deceitful means, particularly false promises of marriage and other inducements. While the provision aims to strengthen the legal framework for protecting women from sexual exploitation, it raises significant concerns regarding its interpretation and practical application. The section suffers from vague and ambiguous language, lack of clarity in defining "consent" and "deceitful means," and the absence of comprehensive safeguards against misuse. It also reflects a gender biased approach by recognizing only women as victims, thereby excluding men and LGBTQ+ individuals from its protection. This study adopts a doctrinal methodology, drawing on primary sources such as statutory provisions and judicial decisions along with secondary sources including books, research articles, journals and credible electronic resources. It follows analytical, descriptive and exploratory methods to critically examine the scope, limitations and implications of the provision. The findings reveal that Section 69 of BNS, despite its progressive intent, creates legal uncertainty, difficulty in proving intention and potential for misuse, which may lead to inconsistent judicial outcomes. The study concludes that clearer judicial interpretation, precise legislative drafting and well-balanced safeguards are needed to ensure that the provision achieves its intended objective without undermining fairness and justice.
S K Sahil (Thu,) studied this question.