Karnataka high court expresses concern over misuse of section in consensual relationships

Bengaluru: The high court expressed concern over the rise in cases in which consensual sexual relationships are being criminalised through the filing of complaints under Section 69 of Bharatiya Nyaya Sanhita (BNS), 2023. Section 69 mandates punishment for inducing women to engage in sexual intercourse by deceitful means, including by giving false promises of marriage.
Hearing a petition filed by a man accused under Section 69, Justice M Nagaprasanna expressed concern over the manner in which such cases are being registered and arrests made. "After 2-3 years of a consensual relationship, a crime is registered and the man is inside. The state, on the score that the offence alleged is one punishable with 10 years' imprisonment, is, at the moment of registration of crime, taking every accused into custody," the judge orally observed.The petitioner contended that he had met the complainant through an online dating application and that their relationship was consensual. His counsel submitted before the court that the complainant herself had acknowledged the consensual nature of the relationship and had even written a poem about it. However, the govt advocate argued that the case involved a promise of marriage, which attracted the offence under Section 69.Justice Nagaprasanna noted the increasing number of such cases coming before the court following the introduction of the new penal provision. "When a relationship tumbles, the crime emerges against the petitioner on the score that he had sexual intercourse with the complainant deceitfully on a promise of marriage. Such cases being registered on the onset of Section 69 (of BNS) are mushrooming before this court. This case becomes a classic illustration of one such case that has mushroomed. Therefore, there shall be an interim order of stay of investigations against the petitioner until the next date of hearing," the court observed while staying further investigation. As the petitioner was in judicial custody, the court directed the he be released on bail, subject to the conditions.