Section 69 of the Bharatiya Nyaya Sanhita (BNS) introduces significant legal measures against sexual offences involving deceit. This section imposes a penalty of up to 10 years in prison for individuals who engage in sexual relations based on false promises, particularly regarding marriage or other deceptive assurances.
The following are the primary components of Section 69:
According to the Ministry of Law and Justice, deceitful means are defined as inducements based on false promises, including misrepresentation of identity. It is crucial to note that such acts, while serious, do not classify as rape under the law. However, they remain punishable under Section 69.
Previously, similar offences were addressed under Section 90 of the Indian Penal Code (IPC). This section clarified that consent given under a misconception of fact is not valid. Such cases could lead to charges under Section 375 of the IPC, which defines rape. The IPC emphasized that consent obtained through fear or misconception is invalid if the individual is aware of the circumstances.
The Bharatiya Nyaya Sanhita, alongside the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), replaced the IPC, Code of Criminal Procedure (CrPC), and Evidence Act. These reforms took effect on July 1, 2024, aiming to modernize legal provisions.
A new chapter in the BNS specifically addresses offences against women and children. Previously, these issues fell under the IPC’s chapter on 'Offences Affecting the Human Body.' The BNS includes enhanced provisions for minors, establishing age classifications for victims and aligning with the Protection of Children from Sexual Offences Act (POCSO).
Section 69 offers clarity in legal definitions and consequences for deceitful actions leading to sexual intercourse. This legal framework enhances protection for victims, particularly minors, by introducing specific provisions based on age.
The Bharatiya Nyaya Sanhita, through its provisions in Section 69, aims to enforce stricter penalties for deceitful acts resulting in sexual intercourse. This initiative not only strengthens the legal protections for women's rights but also ensures that justice is served effectively.
Q1. What does Section 69 of the Bharatiya Nyaya Sanhita entail?
Answer: Section 69 penalizes sexual activities based on false promises, such as marriage, with imprisonment of up to 10 years.
Q2. How does Section 69 differentiate between rape and deceitful acts?
Answer: While Section 69 addresses deceitful acts leading to sexual intercourse, it is not categorized as rape under the law.
Q3. What historical provisions did Section 69 replace?
Answer: Section 69 replaces earlier provisions under Section 90 of the IPC, which dealt with consent obtained through misconceptions.
Q4. How does the BNS protect minors?
Answer: The BNS introduces age classifications for victims and specific provisions to enhance protections for minors against sexual offences.
Q5. What are the penalties under Section 69?
Answer: Offenders under Section 69 can face imprisonment for up to 10 years and may also be subject to fines.
Question 1: What is the maximum imprisonment under Section 69 of the BNS for deceitful sexual acts?
A) 5 years
B) 10 years
C) 15 years
D) Life imprisonment
Correct Answer: B
Question 2: Which previous section of the IPC dealt with consent obtained under misconception?
A) Section 375
B) Section 90
C) Section 376
D) Section 398
Correct Answer: B
Question 3: When did the Bharatiya Nyaya Sanhita come into effect?
A) January 1, 2024
B) July 1, 2024
C) March 1, 2024
D) December 1, 2023
Correct Answer: B
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