Why 10-year sentence for break-ups under new law worrying many
What's the story
On July 1, the Bharatiya Nyaya Sanhita (BNS) came into effect across the country. The law replaces the 164-year-old Indian Penal Code (IPC) and deals with crimes such as sexual offenses against women, offenses against property, the state, among others. While the changes have been well received, experts are particularly concerned about Section 69. Let's understand why:
Section 69
What does Section 69 say
Section 69 says, "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 offense of rape, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine." Previously, such cases were tried under IPC Section 90, which only addressed "misconception of fact" regarding consent.
Legal concerns
Critics fear new law could make break-ups illegal
Critics now argue that Section 69 of the BNS could effectively criminalize break-ups and expose men to harassment if their relationships don't culminate in marriage. The law is designed to address issues related to marriages conducted under false identities or suppressed facts, and could be applied in cases involving complaints about interfaith marriages conducted under false pretenses. However, the "promise to marry" clause is causing unease among individuals in relationships and law enforcement officials alike.
Enforcement challenges
Legal experts question practicality of new law
Lawyers and police officials have voiced concerns about the practical application, with Ghaziabad-based lawyer Arvind Singh stating, "The intent [to marry] is subjective." "How one can prove that there was genuine intent if the marriage does not take place is not clear yet," he asked. Meanwhile, a senior police official added, "We will have to produce circumstantial evidence that there was a promise to marry, and the sexual intercourse happened under guise or pretense. This is very difficult to prove."
Public reaction
New law sparks fear among individuals in relationships
The new law has also reportedly incited fear among people in relationships. A 27-year-old woman from Delhi told India Today, "People might get worried about getting intimate with their partners due to the fear of imprisonment." Similarly, a Delhi man, questioned how he will save himself if, for some personal reasons, he cannot marry the woman, and she, in turn, files a complaint against him. "How do you prove the intent to deceit?" asked another senior lawyer Mahalakshmi Pavani.