Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, which criminalizes sexual intercourse obtained through false promises of marriage or deceit, is currently under close judicial scrutiny. Courts have clarified that the provision is intended to punish cases where fraudulent intent existed from the very beginning, not relationships that later failed despite genuine consent. At the same time, the judiciary has expressed concern over the growing misuse of this law as a means of retaliation after consensual relationships break down.
- Distinction Between Deceit and Breakup: Courts, including the Allahabad High Court, have noted that a mere breakdown of a relationship or non-fulfilment of a promise to marry does not automatically attract criminal liability. The law punishes the fraudulent intent to deceive at the start of the relationship.
- Quashing FIRs: Courts are inclined to quash FIRs at the pre-trial stage where the allegations do not establish that the promise was false from the beginning or where the relationship was long-term and clearly consensual.
- Impact of Consensual Relationships: The Karnataka High Court noted that cases under Section 69 are increasing even when parties had a consensual relationship.
- Cases Involving Married Women: The Kerala High Court indicated that a married woman cannot allege coercion into sexual intercourse on a false promise to marry.
- "Deceitful Means" Definition: The provision defined by Devgan includes false promises of employment, promotion, or suppressing identity.
Contextual Rulings:
- Deepak v. State of M.P. (2025): Stated that criminal law cannot become a tool for retribution between consenting adults.
- Allahabad HC (Feb 2026): Refused to quash an FIR when the allegations on their face disclosed prima facie fraudulent intent to deceive at the outset.