Sexual intercourse obtained by deceitful means, or by a promise to marry made without any intention of fulfilling it, is punished in India under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) — a standalone offence carrying up to ten years' imprisonment and fine, with no directly corresponding provision anywhere in the Indian Penal Code; related text in the old code includes Section 375's specific list of circumstances (which does not name this conduct), Section 90's general definition of consent given under a misconception of fact, and Section 493's offence of deceitfully inducing a woman to believe she is lawfully married.
The situation
A woman has sexual intercourse with a man who has either used deceitful means to induce her consent, or promised to marry her while never intending to do so, and the act does not otherwise amount to rape under the applicable rape provisions. What follows compares the text of the new standalone offence, Section 69 BNS, with related text that existed in the IPC — Section 375's definition of rape, Section 90's general rule on consent obtained under a misconception of fact, and Section 493's offence of cohabitation caused by deceitfully inducing a belief of lawful marriage — without asserting how, if at all, this situation was charged in practice before 1 July 2024.
Old law vs new law at a glance
| Issue | IPC text | BNS text | What changed |
|---|---|---|---|
| Standalone offence for sexual intercourse obtained by a false promise of marriage or deceitful means | No section read names or independently punishes this conduct | Section 69 — up to 10 years and fine | New provision |
| General definition of consent vitiated by "misconception of fact" | Section 90 — consent given under a misconception of fact "is not such consent as is intended by any section of this Code," where the other person knows or has reason to believe this | Not read as forming part of Section 69's own text | Section 69 stands as its own offence-defining provision, not dependent on Section 90's general consent definition |
| Consent obtained because the woman believes the man is her lawful husband (impersonation) | Section 375, "Fourthly" — listed as one of the seven descriptions under which the acts in Section 375 amount to rape | Not addressed by Section 69's text (Section 69 excludes conduct "amounting to the offence of rape") | Out of scope for this comparison — see linked rape guide |
| "Deceitful means" as a defined term | No equivalent defined term in Section 375 or Section 90 | Section 69, Explanation — "includes inducement for, or false promise of employment or promotion, or marrying by suppressing identity" | New provision |
| Punishment | Not applicable — no standalone offence | Up to 10 years' imprisonment and fine | New provision |
| Cognizable/bailable/court classification | Not applicable — no standalone offence | Cognizable, Non-bailable, Court of Session (BNSS First Schedule) | New provision |
| Sanction requirement to prosecute | Not applicable | Section 69 is not listed in Section 217 BNSS — no government sanction requirement found in the text read | No sanction requirement on either side |
What the law requires now, step by step
Step 1 — Read the text of Section 69 BNS
Section 69 BNS states:
"Whoever, by deceitful means or by making promise to marry to 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."
The section's Explanation defines "deceitful means" non-exhaustively:
"'deceitful means' shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity."
Two distinct routes to the offence appear in the main text: (1) "deceitful means" generally, illustrated but not limited by the Explanation, and (2) a promise to marry made "without any intention of fulfilling the same" — a specific, separately named limb.
Step 2 — Confirm the offence applies only where the conduct does not amount to rape
Section 69 BNS's own text carves out its scope: "such sexual intercourse not amounting to the offence of rape." The section does not itself explain how a court is to distinguish the two, and this guide does not go beyond the text to answer that question — see the linked guides on rape and sexual offences (Section 375-376 IPC comparison) for the separate provisions governing rape itself.
Step 3 — Check what the IPC's text said about a false promise of marriage
Section 375 IPC lists seven specific descriptions of the circumstances under which the acts set out in its clauses (a) to (d) amount to rape:
"First. Against her will. Secondly. Without her consent. Thirdly. With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Fourthly. With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly. With or without her consent, when she is under eighteen years of age. Seventhly. When she is unable to communicate consent."
None of these seven descriptions names a false promise of marriage. The "Fourthly" description addresses a distinct scenario — impersonation of a lawful husband — not a promise to marry made without intent to keep it.
Section 493 IPC addressed a different deceit connected with marriage: "Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief" was punishable with imprisonment of either description up to ten years and fine. Its trigger is a false belief that a marriage already exists, not a promise of a future marriage, and it is not the provision Section 69 BNS renumbers.
Step 4 — Check Section 90 IPC's general text on consent
Section 90 IPC states:
"A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception..."
This is a general provision applying "as is intended by any section of this Code" — it is not limited to sexual offences, and it does not itself define or attach a punishment to any offence. Its function, on the text, is interpretive: wherever another section of the IPC required "consent," Section 90 explains when a given consent does not count as such consent. Section 375's own Explanation 2 separately defines "consent" for rape as "an unequivocal voluntary agreement," with a proviso that non-resistance alone does not amount to consent. Read together, Sections 90 and 375 provide two different textual routes to the concept of vitiated consent in a sexual-offence context, but neither of them creates a distinct offence for a false promise of marriage the way Section 69 BNS now does.
What changed — and what did not
- New provision: Section 69 BNS is the first provision in either code, on the text read, to name a promise to marry made "without any intention of fulfilling the same" and attach a standalone punishment to sexual intercourse obtained by it (where the act does not amount to rape).
- New provision: The Explanation's definition of "deceitful means" — extending to false promises of employment or promotion, and marrying while suppressing identity — has no equivalent defined term in the IPC sections read.
- Not addressed by this comparison: Whether or how Section 69 BNS interacts with the BNS's own rape provisions (successors to Sections 375-376 IPC) is outside the text read in this session.
- Unchanged, but not part of Section 69's own text: Section 90 IPC's general definition of consent vitiated by misconception of fact is carried into the BNS as Section 28, which states that a consent "is not such a consent as is intended by any section of this Sanhita" if given "under fear of injury, or under a misconception of fact" in the same terms; Section 69 BNS does not depend on it — Section 69 is a self-contained offence-defining provision with its own punishment.
Which law applies to your case
If the sexual intercourse occurred before 1 July 2024, Section 69 BNS does not apply — the BNS did not exist at that time, and no equivalent standalone IPC offence existed on the text read in this session. Section 358(2) BNS confirms the general transition rule: the repeal of the IPC does not affect "any penalty, or punishment incurred in respect of any offences committed against the Code so repealed." For a fact pattern before 1 July 2024, an advocate would need to assess whether any IPC provision (rape under Section 375, or another offence) applied on those specific facts — Section 69 BNS itself has no retrospective application. For the full transition rule, see Which law applies to an offence committed before 1 July 2024.
Practical checklist
For the person affected:
- Note the exact date of the conduct — Section 69 BNS applies only to conduct from 1 July 2024 onward.
- Preserve any evidence bearing on whether a promise to marry was made and whether it was made without intent to fulfil it — the section's own text makes that intention (or its absence) central to the "false promise" limb.
- Understand that Section 69 BNS applies only where the conduct does not amount to rape under the applicable rape provisions; consult an advocate to determine which provision fits the facts.
For the advocate:
- Plead the specific limb of Section 69 BNS relied on — "deceitful means" generally (with the Explanation's illustrative list) or the "false promise to marry without intention of fulfilling the same" limb — since they are textually distinct.
- For conduct before 1 July 2024, do not cite Section 69 BNS; assess the facts against the IPC provisions in force at the time, including Section 375's seven descriptions and Section 90's general consent rule, on their own terms.
- Confirm the classification (cognizable, non-bailable, triable by Court of Session) before advising on bail or trial-court jurisdiction.
Frequently asked questions
Is sexual intercourse on a false promise of marriage a separate crime under the new law?
Yes. Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS), creates a standalone offence: "Whoever, by deceitful means or by making promise to marry to 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."
Did the IPC have an equivalent offence?
No section read in the IPC in this session names or punishes this conduct as a standalone offence. Section 375 IPC's seven numbered descriptions of the circumstances in which the acts it lists amount to rape do not include a false promise of marriage. Section 493 IPC punished a different deceit — causing a woman not lawfully married to the man to believe she is lawfully married to him, and to cohabit or have sexual intercourse with him in that belief — not a promise of future marriage. Section 90 IPC separately states that consent given under a "misconception of fact" is not valid consent "as is intended by any section of this Code" — but Section 90 is a general interpretive provision applying across the whole IPC, and it does not itself define or punish any offence.
What does "deceitful means" cover under Section 69 BNS?
Section 69 BNS's Explanation states: "'deceitful means' shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity." The word "include" means this list is not exhaustive; "making promise to marry to a woman without any intention of fulfilling the same" is named separately in the main text of the section, alongside deceitful means generally.
How is Section 69 BNS different from rape under Sections 63-64 BNS?
Section 69 BNS applies only where "such sexual intercourse not amounting to the offence of rape" — its own text excludes conduct that independently qualifies as rape. This guide does not analyse the BNS rape provisions themselves; see the linked guides on rape and sexual offences for that comparison.
What is the maximum punishment under Section 69 BNS?
Imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine. On the BNSS First Schedule entry read, the offence is cognizable, non-bailable, and triable by a Court of Session.
Does Section 69 BNS require proving the accused never intended to marry?
On the text, yes for the false-promise limb: the section applies to a promise to marry made "without any intention of fulfilling the same." The section does not, on its text, explain how that intention (or its absence) is to be proved.
Related on Veritect
- Which law applies to an offence committed before 1 July 2024
- Section 375-376 IPC vs BNS — Rape
- Sexual Offences: IPC vs BNS
- Offences Against Women: IPC vs BNS
- IPC to BNS: Complete Section Mapping
- Sections 493 and 496 IPC vs Sections 81 and 83 BNS — Cohabitation by Deceit and Fraudulent Marriage Ceremony
Statutory sources
- Indian Penal Code, 1860 — Sections 90, 375, 493 (repealed w.e.f. 1 July 2024)
- Bharatiya Nyaya Sanhita, 2023 — Sections 28, 69, 358
- Bharatiya Nagarik Suraksha Sanhita, 2023 — First Schedule entry for section 69 (Gazette of India, CG-DL-E-25122023-250884)
This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.