Deceitful means

Section 69 of the BNS punishes whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling it, has sexual intercourse with her, where the intercourse does not amount to rape. The punishment is imprisonment of either description up to ten years and fine. The Explanation provides that deceitful means shall include inducement for, or false promise of, employment or promotion, or marrying by suppressing identity. The definition is inclusive, so other forms of deceit can also qualify.

Section 69 is a new provision with no counterpart in the IPC. Earlier, such cases were usually argued under the rape provision read with the rule that consent given under a misconception of fact is not consent, now Section 28 of the BNS. Section 69 creates a distinct offence for intercourse obtained by deceit where the facts do not amount to rape.

The elements are: sexual intercourse with a woman; obtained by deceitful means, or by a promise to marry made without any intention of fulfilling it; and intercourse not amounting to rape under Section 63. On the promise limb, the intention not to fulfil must exist when the promise is made. A promise made in good faith that later cannot be kept because of circumstances is a breach of promise, not a false promise, and does not attract Section 69 on that limb.

Examiners test the three examples in the Explanation, the ten year maximum, and the difference between deceitful means and a false promise to marry, which are alternatives in the section. They also test the contrast with Section 63, where consent obtained by such deceit may be no consent at all under Section 28, making the act rape rather than an offence under Section 69.