Karnataka High Court: Quashes Section 69 BNS Against Women

• The Karnataka High Court ruled that women cannot be accused of sexual intercourse obtained through deceitful means or a false promise to marry under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023.
• Justice Anant Ramanath Hegde partially quashed criminal proceedings under Section 69 BNS against a woman in a specific case.
• The court found that the allegations did not support applying Section 69 BNS against a female accused.
• The complainant had alleged sexual relations with the petitioner's husband under a false marriage promise, and also accused the couple of blackmail and sharing private media.
• This ruling clarifies the gender-specific application of 'deceitful means' in sexual offense cases under the new Sanhita.

The Karnataka High Court has definitively stated that a woman cannot be held liable for the offense of engaging in sexual intercourse through deceitful means or a false promise to marry under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Karnataka High Court has definitively stated that a woman cannot be held liable for the offense of engaging in sexual intercourse through deceitful means or a false promise to marry under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023. This significant ruling, delivered by Justice Anant Ramanath Hegde, establishes a crucial precedent regarding the interpretation and application of the newly enacted criminal law in India.

The decision came as the court partially quashed criminal proceedings initiated under Section 69 BNS against a woman, who was identified as Accused No. 2 in the case. Justice Hegde explicitly noted that the petitioner, being a woman, could not have the offense under Section 69 of the BNS, 2023, attributed to her, as the allegations in the complaint did not support such an act by a female accused.

This interpretation by the Karnataka High Court provides clarity on the gender-specific nature of the provision concerning sexual intercourse obtained through false pretenses. It suggests that the legislative intent behind Section 69 BNS primarily targets male perpetrators who exploit false promises of marriage or other deceitful means to engage in sexual acts, rather than female individuals.

The High Court's ruling stemmed from a complaint filed by a woman who alleged that she had engaged in sexual relations with the petitioner's husband. According to the complainant, the husband had promised to marry her, falsely claiming that his relationship with his wife was not cordial. This alleged false promise formed the basis of the charge under Section 69 of the Bharatiya Nyaya Sanhita 2023.

Beyond the allegations of deceitful sexual intercourse, the complainant also brought forth other serious accusations against both the husband and his wife, the petitioner in this case. She claimed that the couple had taken photographs and videos of her, subsequently shared these private materials with third parties without her consent, and attempted to blackmail her. These additional allegations led to charges of criminal intimidation, extortion, and offenses under the Information Technology Act being filed against both individuals.

The petitioner, the wife, subsequently sought relief from the Karnataka High Court, requesting the quashing of the proceedings initiated against her in a lower court. The High Court, while addressing her plea, specifically quashed the criminal proceedings pertaining solely to the offense under Section 69 BNS against her, leaving other charges potentially intact.

Section 69 of the Bharatiya Nyaya Sanhita, 2023, addresses the offense of sexual intercourse by deceitful means or by promising to marry without any intention of fulfilling that promise. The Karnataka High Court's ruling, spearheaded by Justice Anant Ramanath Hegde, significantly narrows the scope of this provision, particularly concerning its application to women. By stating that a woman cannot be booked under this specific section, the court has provided a crucial legal shield for female accused in similar circumstances.

This judgment is particularly relevant for lawyers defending women accused under Section 69 of the Bharatiya Nyaya Sanhita, 2023, as it offers a direct precedent to argue against the applicability of the provision to female defendants. The ruling clarifies that the 'deceitful means' or 'false promise to marry' element, as envisioned by the law, is not intended to be gender-neutral in its application to the accused party. This judicial interpretation will likely influence prosecutorial discretion and defense strategies in cases involving allegations of deceitful sexual intercourse under the new BNS.

Lawyers defending women accused under Section 69 of the Bharatiya Nyaya Sanhita, 2023, should cite this Karnataka High Court precedent to argue that the provision cannot be applied to female accused. This ruling clarifies the gender-specific application of 'deceitful means' in sexual offense cases under the new Sanhita, impacting defense strategies and prosecutorial discretion.

Source: Original reporting via legal news outlet.