NAME: MAGIZHINI M

YEAR: III

UNIVERSITY NAME: The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law

INTRODUCTION 

Sexual Intercourse by employing deceitful means forms “Section 69” of the Bharatiya Nyaya Sanhita, 2023, under Chapter V, named ‘Of offences against Women and Child’, sub-categorized under ‘sexual offences’. The fit into the chapter, precisely to the Sanhita, is a newer introduction. This section is new, with no explicit provision presented earlier in the Indian Penal Code, 1860. The law marked its inception into the legal system on 1^st July, 2024. This section has been now acclaimed as the Breakup Law due to its nature. 

DEFINITION UNDER THE BHARATIYA NYAYA SANHITA, 2023 {BNS}

Whoever, by deceitful means or by making promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Explanation. – “deceitful means” shall include inducement, for, or false promise of employment or promotion, or marrying by suppressing identity.

EXPLANATION

The law addresses situations where the man deceives a woman into having sexual intercourse by making false promises, such as marriage or employment, without any intention of fulfilling them. The elements listed under this section would include,

1. Deceitful means: This would include engaging in sexual intercourse by inducing or making false promises of marriage, employment, or promotion. This includes marrying by suppressing their identity. 
2. Making a false promise to marry: This is when a man makes a promise to marry with the intention of not fulfilling or breaking it for the purpose of sexual exploitation upon consent. In the case, Mandar Deepak Pawar v. State of Maharashtra (2022), The Supreme Court made an explanation on false promise to marriage as, which is given on understanding by the maker that it will be broken.
3. Categorization: Without having an intention to fulfil, some promise is made. In such cases, the sexual intercourse does not amount to rape.
4. Punishment: The offence shall be punished with imprisonment which may extend to ten years and shall also be liable to a fine.

CONTENTIONS TOWARDS THE INTRODUCTION OF THE NEWER SECTION

The main contention in favour of the proposed introduction was to criminalise consensual sexual intercourse when they are done by deceitful means or by making a promise to marry without any true intention of fulfilling the same. Delhi Police Data in 2016 had projected that around one-fourth of total rape cases registered in the city were related to the context of false promise to marry.

In addition, the true intent was aimed at providing stricter penalties against deceitful actions leading to sexual intercourse and strengthening the legal framework for protecting women’s rights and justice, especially on the critical consideration of the records in the past which accounted for false promises to marry as one main notion behind consensual sexual intercourse.

CRITICISMS

The section had invited widespread criticisms,

1. On the part of the women who had been promised to be married by a man, establishing the intention to marry or the promise to marry is difficult. It is based on largely circumstantial evidence, which is difficult to prove.
2. The second one is the most crucial one, where this section shall be bound to be misused and would open the floodgates of litigation. As was initially claimed as the breakup law, this was constructed in such a manner, that the man would be punished based on the women’s claims. Where the proof against the allegations of either not making the promise or such the intercourse was entirely consensual is hard to prove. This would deem breakups illegal, where the men who were earlier in a relationship would be harassed when the relationship does not end in marriage, whatever the reason behind them parting ways.

For example, if A, a woman and B, a man who were previously in a consensual relationship with one another were involved in sexual intercourse.  After they parted ways mutually, If for any reason A wants to raise any complaint against B, based upon her claims, B is under the high vicinity to be subjected to suffering under this section.

3. The most condemned issue would be the stereotyping of men as perpetrators, leading towards victimization of men, with no possible recourse available to men who are not bound to be held liable.
4. There had been widespread confusion on the reading of the section, where it is seen merely as an instrument supporting women’s rights or suppressing one. Supporting women had been observed through the plain reading of the provision, and the widespread recognition of it as the Breakup law, favouring the stance of women over that of men, but where was it against women, the construction of the provision gives rise to a patriarchal idea, that men are the authority who proposes marriage and deny it.

Other general criticisms were, that although the Sanhita discussed on gender neutrality, this section is seen to be discriminatory, and their scope is circumstantial which bounds a lack of clarity that attracts enforcement challenges.

CONCLUSION

The ‘Breakup law’ as it was profoundly named to be one, Section 69 of the Bharatiya Nyaya Sanhita, 2023 had been introduced to protect women against the perpetrators who induce women falsely and make them consent towards sexual intercourse. A country like India has always remained culture-centric with major contentions of the society that the dignity of the family is vested in the girl or the women belonging to that family, which had been pessimistic towards the growth of women, with claims to protect the women, this new provision seems to overlap the outlaying provision that it is the man who propounds and he only rejects it. The patriarchal repercussion is upheld once again. 

This section marked to be one double-edged sword striking in three directions, the ultimate right of women to put forth marriage, the wrongful victimization of men by the women or her family when love left unconquered, and the third would be as many law renders, the ignorance of other communities rather women, who indeed require protection. This section requires further explanations and modifications for a better implementation, where only the time and implementation would speak for the Section.