The Bharatiya Nyaya Sanhita (BNS) replaced the 164-year-old Indian Penal Code (IPC) on July 1 amid criticism and concerns. However, the Section 69 of the BNS has been particularly concerning. Section 69 states that if a promise to marry is made without any intent to follow it up and a sexual relationship is established, then a man can face up to 10 years in jail.

“Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, 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,” reads the Section 69 of the new Bhartiya Nyaya Sanhita.

The Indian Penal Code did not have a specific provision for sexual intercourse by concealing facts or by deceit. Such cases were tried under Section 90 of the IPC, which stipulated that consent for sexual intercourse could be deemed invalid due to a “misconception of fact.”

In certain instances, women alleged rape following a break-up. However, under Section 69, women can now assert that they consented to sexual intercourse based on false promises.

Critics argue that Section 69 effectively criminalises break-ups, potentially subjecting men to harassment if a relationship doesn’t lead to marriage.

Section 69 intends to address issues such as marriages entered into under false pretenses or suppressed information, including cases where complaints arise from marriages, particularly interfaith marriages, where a man concealed his identity.

The new section describes “deceitful” as “inducement for, or false promise of employment or promotion, or marrying by suppressing identity”.

“The promise to marry” and the imprisonment for the “promise to marry” in Section 69 have got people worried that men will get unfairly targeted as a result of the souring of relationships.

Lawyers say anintent to deceive could be established if the relationship ended for other reasons, but the man could face grave consequences. Police officials say Section 69 might make arresting men easier without credible evidence.

Relationships end over various reasons, even when there was intent to marry. It could take months or years for the lawyers to prove their case, and it could cause damage to a person and his reputation.