Section 69 of BNS 2023: Balancing Justice and Safeguards Against False Allegations in Cases of Sexual Intercourse by Deception

Abstract

The enactment of Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant shift in Indian criminal law by criminalizing sexual intercourse obtained through deceitful means. While the provision aims to protect individuals from fraudulent consent violations, it also raises concerns regarding the potential for misuse and false allegations. This research critically examines the scope, interpretation, and judicial challenges associated with Section 69, focusing on the delicate balance between safeguarding victims' rights and preventing wrongful prosecution.
One of the primary concerns is the subjective nature of deception, particularly in cases involving false promises of marriage, misrepresentation of identity, or coercion through fraudulent means. Judicial precedents under Section 375 of the IPC (now replaced) have already seen debates over distinguishing genuine breaches of trust from criminal offenses. This study evaluates how Section 69 differs from previous laws, how courts might interpret deceit in sexual relationships, and what safeguards exist to prevent frivolous complaints.
A comparative analysis with global legal frameworks, including laws from the United States, the United Kingdom, and Canada, provides insight into how other jurisdictions handle similar cases and whether India's legal system needs additional safeguards. Furthermore, the paper explores potential evidentiary challenges, the burden of proof, and the risk of reputational damage caused by false accusations.
To ensure judicial fairness, this research suggests policy recommendations, including stricter evidentiary requirements, preliminary screening mechanisms, and clearer judicial guidelines for handling cases under Section 69. Ultimately, this paper aims to contribute to the ongoing legal discourse by advocating for a balanced approach one that upholds victim protection while preventing the weaponization of the law for malicious intent.