Karnataka High Court Holds Section 69 BNS False-Promise Offence Cannot Be Applied to Women

The Karnataka High Court held that the offence of sexual intercourse through deceitful means or a false promise of marriage under Section 69 BNS cannot be invoked against a woman.

Background

The provision addresses a specified form of sexual intercourse and was invoked in proceedings in which the accused was female.

Legal issue

The Court considered the wording and structure of the offence and whether it extended to an accused outside the class contemplated by the statutory text.

Court’s approach

It concluded that the charge could not be maintained against a woman under Section 69 as framed. The decision turns on the specific language of that provision.

What follows

The prosecution under that section could not proceed against the woman. Any different allegation would require an independently applicable offence and evidence.