Unlike the Indian Penal Code, 1860, where there is no specific provision for the offence of rape committed under the pretext of false promise to marry the victim, the same has been given a separate provision under the new IPC. Section 69 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “new IPC”) (yet to come into force) reads,
“69. 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.
Explanation.—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.” (EMPHASIS SUPPLIED)
In light of earlier Supreme Court judgments, this provision has been wrongly drafted. A detailed analytical article regarding this has been written in the May 2024 Edition of the Lawyers’ Society Digital Law Magazine, which you can purchase for just Rs. 50/-!
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