Section 69 BNS: Sexual intercourse by employing deceitful means, etc

Bharatiya Nyaya Sanhita, 2023

Section 69 BNS at a Glance

Section 69 BNS deals with sexual intercourse by employing deceitful means, etc. It is non-bailable and cognizable, triable by the Court of Session.

Punishment

Imprisonment of either description for a term which may extend to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Section 69 BNS Bare Act Text

69. Sexual intercourse by employing deceitful means etc.

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.

Source: Section 69, Bharatiya Nyaya Sanhita, 2023

Section 69 BNS in Simple Words

Section 69 of the Bharatiya Nyaya Sanhita (BNS) criminalises having sexual intercourse with a woman by employing deceitful means, or by making a promise to marry her without any intention of fulfilling that promise. It applies to any person who engages in such sexual intercourse with a woman where the act itself does not amount to the offence of rape.

The Explanation to the section clarifies what counts as deceitful means. Under the enacted text, deceitful means includes offering an inducement for, or making a false promise of, employment or promotion, as well as marrying a woman by suppressing one's identity. For a promise to marry to fall under this section, the promise must have been made without any intention of fulfilling it.

Importantly, this provision applies only where the sexual intercourse does not amount to the offence of rape. Anyone who commits an offence under Section 69 BNS shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Ingredients of Section 69 BNS

  • The accused used deceitful means, or made a promise to marry without any intention to fulfil it
  • The woman was induced into sexual intercourse because of that deceit or false promise
  • The accused had sexual intercourse with the woman
  • The sexual intercourse does not amount to the offence of rape

Punishment Under Section 69 BNS

Imprisonment

Imprisonment of either description for a term which may extend to ten years.

Fine

Fine may be imposed in addition to imprisonment.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Having sexual intercourse with a woman by deceitful means or by a promise to marry made without any intention of fulfilling it, not amounting to rape, is punishable with imprisonment of either description for up to ten years and liability to fine.

Example of Section 69 BNS

Near Vijayawada, Arjun told Divya that he would marry her within a month and repeated this to gain her trust, though he never intended to do so. He also claimed that his uncle Prakash would arrange her a job promotion once they were engaged. Believing these statements, Divya agreed to have sexual intercourse with Arjun. Later, it came out that Arjun had no intention of marrying her and the job promise was also false. If the intercourse does not amount to rape, these facts fit this section because it was obtained by deceitful means and a false marriage promise.

When Section 69 BNS Does Not Apply

  • A genuine promise to marry was made and later could not be fulfilled for reasons not showing lack of intention at the time
  • There was sexual intercourse, but no deceitful means and no false promise to marry
  • The allegation is of rape, because this section applies only where the sexual intercourse does not amount to rape
  • A false statement was made, but there was no sexual intercourse with the woman
  • There was no inducement or false promise of employment or promotion, no marriage by suppressing identity, no other deceitful means, and no promise to marry without intention to fulfil it

Previous Law (IPC)

Section 69 BNS is a new provision with no equivalent section in the Indian Penal Code (IPC). It penalises having sexual intercourse with a woman, not amounting to the offence of rape, by employing deceitful means (including inducement for or false promise of employment or promotion, or marrying by suppressing identity) or by making a promise to marry without any intention of fulfilling it.

FAQs on Section 69 BNS

What does Section 69 of the BNS cover?▼

Section 69 BNS covers sexual intercourse with a woman obtained by deceitful means, or by a promise to marry made without any intention to fulfil it, where the act does not amount to rape. The section also explains that deceitful means includes a false promise of employment or promotion, inducement, or marrying after suppressing identity.

What has to be proved under Section 69 of the BNS?▼

The prosecution has to prove that the sexual intercourse happened because of deceitful means, or because of a promise to marry that was made without any intention of being fulfilled. The text also makes clear that this section applies only when the act does not amount to the offence of rape.

What is the punishment under Section 69 of the BNS?▼

The punishment under Section 69 BNS is imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine. The exact sentence depends on the facts proved in the case.

How is Section 69 of the BNS different from rape?▼

Section 69 BNS itself says it applies only where the sexual intercourse does not amount to the offence of rape. So this section deals with intercourse obtained by deceitful means or a false promise to marry, but only in cases that fall short of rape under the law.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·