Citizen Rights

BNS Section 69: Criminalizing Sexual Intercourse on Deceitful Promise of Marriage

Published by Meera Deshpande, Family Lawyer on May 08, 2026 | 4 min read

How BNS Section 69 establishes a distinct criminal charge for sexual intercourse obtained by false promises, separating it from rape allegations.

Key Takeaways

  • BNS Section 69 creates a separate crime for sexual relations based on deceitful promises.
  • Previously, such cases were prosecuted under IPC Section 375 (Rape) with high ambiguity.
  • Also covers deception regarding employment, promotion, or false identity.
  • Punishment carries imprisonment up to 10 years and a fine.

Resolving a Long-Standing Legal Ambiguity

Under the old Indian Penal Code, cases where consensual sexual relations were established based on a false promise of marriage were treated under the ambit of Rape (IPC Section 375). This led to significant judicial confusion, as courts struggled to distinguish between a genuine 'breach of promise' (where a person intended to marry but could not due to circumstances) and 'deceitful intention' from the start. BNS Section 69 addresses this by introducing a dedicated category.

Scope of Deceitful Means

Section 69 states that whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her, which does not amount to rape, shall be punished. The definition of 'deceitful means' is broad: it includes false promises of employment or promotion, marrying after concealing identity, or making a sham marriage ceremony.

Separating the Charge from Rape

By establishing Section 69, the legislature has separated these offences from the social stigma and procedural severity of rape (BNS Section 63). If consent was given, but obtained through fraud, the charge is framed under Section 69. The punishment is imprisonment for a term which may extend to ten years, along with a liability to pay a fine.

Evidentiary Standards for Trial

For a successful conviction under Section 69, the prosecution must prove that the accused had no intention of marrying the victim at the very moment the physical relationship began. If the accused can show that they had a genuine intention to marry, but family opposition or unforeseen events prevented it later, the threshold of 'deceit' is not met, and they cannot be convicted.