S.69 BNS | Sexual Intercourse Via Deceitful Means Cases Mushrooming Despite Parties Having Consensual Relationship: Karnataka High Court

The Karnataka High Court on Tuesday (February 24) ordered the release of a man accused of having sexual intercourse with a woman "deceitfully", remarking that Section 69 BNS cases were "mushrooming" before court wherein FIR was registered despite there being a consensual relationship. 

The counsel for the petitioner submitted that the plea challenges FIR registered under Section 69 (Sexual intercourse by employing deceitful means) BNS. He said that the petitioner and complainant met on the dating App 'Bumble' and had a consensual physical relationship wherein after one year the FIR is filed.

On the invocation of the provision in such cases leading to arrest the court orally said, "Its becoming rampant now". 

For context Section 69 BNS states that whoever, by deceitful means or by making promise to marry a woman without any intention of fulfilling the same has sexual intercourse with her where such sexual intercourse does not amount to rape, shall be punished with imprisonment which may extend to ten years. Explanation states that the term “deceitful means” shall include the false promise of employment or promotion, inducement or marring after suppressing identity.

Justice M Nagaprasanna thereafter in his order dictated: 

"When the relationship would tumble, the crime has emerged against the petitioner on the score that the petitioner has had sexual intercourse with complainant deceitfully on promise of marriage. Such cases being registered on the onset of Section 69 are mushrooming before this court. This case becomes a classic illustration of one such case which has mushroomed. Therefore there shall be an interim order of stay of proceedings against petitioner until the next date of hearing..."

At this stage the petitioner's counsel submitted that the petitioner has been taken into custody. To this the court orally remarked, "Everybody after having two-three years of consensual relationship...register a crime and the man is inside...".

It thereafter directed:

"The State on the score that the offence alleged is one punishable with 10 years imprisonment, is on the moment of registration of crime is taking every accused into custody. The petitioner is now remanded to judicial custody and custody is extended upto 4-3-2026. In a case of this nature where the accused could not have been taken into custody as they were all purely consensual acts between the two the petitioner is now facing imprisonment. In that light I deem it appropriate to direct jail authorities to forthwith release the petitioner from prison and be set at liberty with conditions".