Why legal experts are criticising new clause to punish sex gained by making false promises

Last week in the Lok Sabha, while introducing the Bharatiya Nyaya Sanhita bill, meant to replace the Indian Penal Code, Union Home Minister Amit Shah highlighted a new provision related to women.

“For the first time, intercourse with women under the false promise of marriage, employment, promotion and false identity will amount to a crime,” he said.

This is encapsulated in Clause 69 of the Bharatiya Nyaya Sanhita, which states: “Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and 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.”

The bill defines “deceitful means” as “the false promise of employment or promotion, inducement or marring [sic] after suppressing identity”.

Experts, however, have criticised the provision on the grounds that it is legally unnecessary, patronising towards women, and liable for misuse, particularly in cases involving interfaith relationships.

How the IPC deals with such cases

Some have argued that a provision to penalise sexual intercourse on the basis of false promises was needed to distinguish such cases from the offence of rape. Presently, such cases are...

Read more