Reforming Laws on Sexual Intercourse Based on False Promises of Marriage: The Role of Consent, Coercion, And Legal Accountability

ABSTRACT

The new provision of Section 69 of Bhartiya Nyaya Sanhita, 2023 is a major reform to specifically criminalize the offence of “Sexual Intercourse on False Promise of Marriage” which was not provided a specific provision under the old law of Indian Penal Code, 1860. Judiciary has for a long time criminalized “Sexual Intercourse on false promise of marriage” under offence of Rape under the old law which lead to various inconsistencies and in some cases justice may not serve adequately. The new law effectively addresses the crime of sexual contact with false promises of marriage, which is distinct from the crime of rape. However, the new law is also not perfect like the old and has many inadequacies. One such inadequacy is treating only woman as victims which undermines “Fundamental Rights” and may also cause injustice to Transgenders. The new law also has inconsistency with the concept of Live-in Relationship which was legally recognized in the recent past. The paper specifically discussed the comparison between the old and new law of India with the law of France and Singapore and highlighted the similarities and differences between them.