Question

Sexual intercourse may be an offence, not amounting to rape, on a

• A. false promise of employment
• B. false promise of promotion
• C. promise to marry without any such intention
• D. any of the above

Hint:

Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a newly introduced provision to resolve the long-standing judicial ambiguity regarding the distinction between a breach of promise to marry and a false promise to marry from the inception.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks about situations where obtaining consent for sexual intercourse through deceitful means or false promises constitutes a distinct criminal offence, but does not fall under the legal definition of rape.

Step 2: Key Legal Principles and Approach:
Under the old Indian Penal Code, 1860, sexual intercourse obtained through a false promise of marriage was typically prosecuted as rape under Section 375, arguing that consent was vitiated due to a "misconception of fact" under Section 90.
However, under the modern Bharatiya Nyaya Sanhita (BNS), 2023, a distinct statutory offence has been introduced under Section 69 to specifically penalize sexual intercourse obtained through deceitful means, separate from the offence of rape.

Step 3: Detailed Explanation:

• Section 69 BNS Provisions: Section 69 of the Bharatiya Nyaya Sanhita, 2023, criminalizes sexual intercourse by employing deceitful means or making a promise to marry without any intention of fulfilling it.

• Scope of Deceitful Means: The statutory explanation to Section 69 explicitly defines "deceitful means" as including inducement through false promises of employment or promotion, or marrying after suppressing identity.

• Promise to Marry without Intention: Having sexual intercourse on a promise to marry without any intention of fulfilling that promise is also penalized under the same section.

• Separation from Rape: This provision specifically targets cases where the consent is obtained through fraudulent inducements, designating it as an offence distinct from rape to ensure clear legal categorization and appropriate sentencing.

• Since false promise of employment (Option A), false promise of promotion (Option B), and a promise to marry without any intention (Option C) are all covered under this distinct offence, the correct answer is Option (D).

Step 4: Final Answer:
Deceitful sexual intercourse obtained via false promises of employment, promotion, or marriage constitutes a specific offence not amounting to rape, making Option (D) the correct answer.