Section 69 of BNS

Karnataka High Court has quashed FIR and criminal proceedings against an advocate accused under Section 69 of Bharatiya Nyaya Sanhita (BNS), 2023, along with related sections.

Background of the Case

• A woman filed a complaint alleging that an advocate developed a close relationship with her and had physical relations on the promise of marriage, but later refused to marry her.  

Karnataka High Court’s Ruling on Section 69 BNS

• The High Court clarified that failed affection or collapse of a relationship is not a criminal offence under Section 69 of BNS.
• Deceit is Central: It targets fraud and sexual exploitation, not consensual relationships that later break down.
  • A false promise of marriage is punishable only if it was made without intention to fulfil it at the very beginning.
  • Subsequent refusal to marry, by itself, does not prove criminal intent.
• Retroactive Criminalisation: Provision cannot be used for retroactive criminalisation of consensual relationships after disputes arise.
• Mens Rea (Intention): Courts must examine mens rea (intention at the time of consent), not merely the outcome of the relationship.
• Safeguard Against Misuse: The ruling acts as a safeguard against misuse of Section 69 BNS, while preserving protection against sexual exploitation.

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About Section 69 of Bharatiya Nyaya Sanhita (BNS), 2023

• Section 69 is a new provision in the Bharatiya Nyaya Sanhita, 2023 (effective from July 1, 2024), which replaced the Indian Penal Code (IPC). 
• Core offence: Criminalises sexual intercourse obtained by deceitful means, including a false promise of marriage.
• Focus: The focus is on fraud, deception, and exploitation, not on emotional hurt or relationship failure.

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