Bengaluru High Court Raises Alarm Over Misuse of BNS Section 69 in Consensual Relationship Cases
The Bengaluru High Court has voiced significant concern regarding the increasing trend of criminalizing consensual sexual relationships through complaints filed under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023. This legal provision mandates punishment for inducing women into sexual intercourse through deceitful means, such as making false promises of marriage.
Judicial Observations on Rising Cases
During a hearing for a petition filed by a man accused under Section 69, Justice M Nagaprasanna expressed dismay at how such cases are being registered and arrests are being made. The judge orally observed, "After 2-3 years of a consensual relationship, a crime is registered and the man is inside. The state, on the score that the offence alleged is one punishable with 10 years' imprisonment, is, at the moment of registration of crime, taking every accused into custody."
Case Details and Arguments Presented
The petitioner contended that he met the complainant through an online dating application and their relationship was entirely consensual. His counsel submitted to the court that the complainant herself acknowledged the consensual nature of the relationship, even writing a poem about it. However, the government advocate argued that the case involved a promise of marriage, which falls under the offence defined by Section 69.
Court's Interim Order and Bail Directive
Justice Nagaprasanna noted the increasing number of such cases appearing before the court since the introduction of the new penal provision. The judge stated, "When a relationship tumbles, the crime emerges against the petitioner on the score that he had sexual intercourse with the complainant deceitfully on a promise of marriage. Such cases being registered on the onset of Section 69 (of BNS) are mushrooming before this court. This case becomes a classic illustration of one such case that has mushroomed."
Consequently, the court issued an interim order to stay investigations against the petitioner until the next hearing date. As the petitioner was in judicial custody, the court directed his release on bail, subject to specified conditions.
Broader Implications for Legal System
This case highlights critical issues in the application of Section 69 of BNS, raising questions about the balance between protecting individuals from deceit and preventing the misuse of legal provisions to target consensual relationships. The court's concerns underscore the need for careful scrutiny in such matters to ensure justice is served without undue criminalization.
