Breaking Up With Your Partner Might Lead to 10 Years Jail, As Per The New Bharatiya Nyaya Sanhita

A breakup in a love relationship will bring more than simply heartbreak. India's new criminal laws include a provision that may land a man in jail if he breaks up with his lover after promising to marry her but having no intention of doing so.

The old IPC, CrPC, and Indian Evidence Act were replaced on July 1 by the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam. The new laws contain several sections, which have been and continue to be scrutinized by legal experts.

Section 69 of the BNS is exclusively for women's social security. Section 69 handles instances of fake marriage pledges, as well as cases of women being abandoned after engaging in sexual intercourse based on a false wedding promise. The clause has provoked uproar, with opponents warning about its potential misuse.

Section 69 of the Bharatiya Nyaya Sanhita (BNS)

According to Section 69 of the Bharatiya Nyaya Sanhita (BNS), if a promise to marry is made with no intention of following through and a sexual relationship is formed, a person may face up to 10 years of imprisonment.

"Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of 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," reads the Section 69 of the new Bhartiya Nyaya Sanhita.

According to the explanation for this provision, "deceitful means" include "inducement for, or false promise of employment or promotion, or marrying by suppressing identity."

There was no particular provision in the IPC that penalized sexual intercourse using "deceitful means".

Section 90 of the IPC addressed circumstances in which consent gained through a "misconception of fact" is declared invalid. The accused could then be charged under Section 375 of the IPC, which defines rape.

For what reason does it spark controversy?

Critics argue that the provision in the BNS may criminalize consensual partnerships in some situations.

Section 69 not only feeds into the “misogynistic” narrative of “protecting” women but also endorses “chastity of women” as a “virtue” legally, Dr Sandhya Ram, an Associate Professor at VM Salgaocar College of Law, Goa, wrote for LiveLaw.

“Therefore, it is “in her (chastity’s) interest” that the otherwise consensual sexual intercourse transforms to the offence of rape when there is no resultant marriage, and the promise to marry is proved to have been made without any intention of fulfilling the same,” she said in her article.

Dr. Ram also objected to the "deceitful means" argument, claiming that the legislation assumes women consent to sex in exchange for job or promotion.

Men can be imprisoned for breaking the "promise to marry," and this is proven in court. Experts told India Today that a man may be "arrested just on the word of the woman" following an initial investigation by the police.

Critics argue that the BNS provision, which punishes men for "marrying by suppressing identity," will strengthen the "love jihad" narrative.

Far-right Hindutva groups believe in a conspiracy theory called "love jihad," in which Muslim men attract Hindu women into sexual relationships under "false pretenses" in order to convert them to Islam.

Legal Enigma

The big concern is how the courts would establish the "intent to marry" and prove a "false promise" while distinguishing it from a breach of commitment.

"The intent [to marry] is subjective. How one can prove that there was genuine intent if the marriage does not take place is not clear yet," Ghaziabad-based lawyer Arvind Singh told IndiaToday

"Relationships can end for several reasons, even when there is an intent to marry. Proving somebody intended to marry but could not for whatever reason will be difficult," Singh added.

A senior police official stated that messages, call recordings, and photographs might be used as evidence. "Messages, calls, and images will all be considered here. They will lay the groundwork for the relationship and debate whether or not marriage is an option. Even then, we don't know if a sexual relationship was developed only on the promise of marriage," the officer told India Today.

While law enforcement faces the challenge of putting Section 69 of the Bharatiya Nyaya Sanhita into effect, those in relationships are more concerned about what this rule may bring.

"A woman knows while consenting to sexual intercourse that there is a possibility that the relationship might fall apart. If two people want to be together, they don't even need marriage or a promise of marriage," Sujata, a 27-year-old Delhi resident who has been in a relationship for two years, told IndiaToday. Her name has been changed to protect her identity.

"People might get worried about getting intimate with their partners due to the fear of imprisonment," she added.

 Section 69 includes a variety of grey areas. For people in a consenting relationship, the provision generates more concerns than answers. It may cause undue anxiety among couples who wonder what will happen if they split up.

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