Our Indian criminal justice system has changed with effect from July 01, 2024 with the implementation of the three new criminal laws, namely the Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023. These laws have replaced the British colonial era laws that is, Indian Penal Code 1860 (IPC), the Code of Criminal Procedure 1973 (CRPC), and the Evidence Act, 1872, respectively.
The contents of this article are not to scare anyone unnecessarily, but, if you are an unmarried man, you need to read this article till the end. If you are parents to an unmarried son, you should be equally concerned.
How Was ‘Rape on False Promise of Marriage Law’ Earlier Defined?
As per our IPC, rape was defined under Section 375 where a man would be penalised for all forms of non-consensual sexual contact and non-consensual sexual penetration. It is a no brainer that consent of the partner is most important when a couple indulges in intercourse.
Earlier, there was no specific provision or explanation in IPC that spoke about sexual intercourse on the promise of a false promise of marriage. However, taking cue from the term consent, the rape law was read with Section 90 IPC (misconception of fact) that interpreted the cases subjectively. Thus, even when a consensual relationship failed, a woman could turn around and claim that her consent was obtained by her boyfriend, on false promise of marriage. What did this mean? Let us give you one basic example:
Imagine you and your girlfriend have been dating each other for sometime and both of you have voluntarily indulged in sexual activities as adults. The discussion of marriage may or may not have even crossed your minds since both of you were busy in your respective careers. Now, for any reason, if the man did not wish to take the relationship forward, which means, he wanted to step back and expect his girlfriend to respect his NO, he could be dragged to court on charges of rape – implying that he indulged in sexual activity with his girlfriend after obtaining her consent on false promise of marriage.
This left a gray area in all such cases as to what is a false promise Vs what is deceit.
Now, with the introduction of Section 69 in BNS, the same has been codified as under.
SECTION 69 BNS: Legal Definition & Punishment
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.
While no one should be conned into a relationship by ‘deceit’, this term will be subject to interpretation only after the matter goes to trial, which means an FIR will be filed against the man and the onus of proving his intentions in that relationship will solely lie on him.
What Does This Mean For Consensual Relationships That Do Not End Up In Marriage?
In India, women at presently, are enjoying best of both worlds. While on one end, the law empowers a woman to sue any man who forces her against her consent or who violates her NO, on the other hand, the law also empowers a woman to charge a man as rapist, if he exercises his right to say NO.
Let us give you some examples on the same:
In October 2020, the Allahabad High Court had quashed a rape case, after the accused boyfriend married his ex-girlfriend following a ‘compromise’.
In August 2021, the Madhya Pradesh High Court dismissed a bail application for a man who had backed out from the relationship because his parents did not agree to an interfaith marriage. Justice Subodh Abhyankar had then quoted:
India is conservative society. It has not yet reached such a level of civilisation where a girl would indulge in carnal activities with boys just for enjoyment, unless the same is backed by some future promise/assurance of marriage.
In February 2023, the Allahabad High Court allowed bail to a man after he had been charged for rape on false promise of marriage by an already married woman who was a mother of two children. While allowing bail in this case, the High Court had observed:
It is difficult for Indian Woman to live alone after failed live-in relationship.
Contrary to the above examples, on the other hand, a woman cannot be charged for rape or cheating, if she decides to dump her boyfriend at any point in time. There have been multiple cases where boyfriends have ended life following a break up by girlfriends after multiple years of dating, however, the girlfriends have been let off citing the men as “weak”.
Sex On Promise Of Job/Promotion/Employment
While penalising the men for failed relationships is absolutely bizarre, Section 69 BNS also deals with rape on promise of employment or promotion. At the outset, Voice For Men India is very clear that we do not support any man in power or in authority who exploits their female subordinates or juniors by taking advantage of their vulnerability.
Having said so, once agin, the onus of consequences of getting involved with a male employer/senior/colleague should equally lie with the adult woman, too. Corporate houses are full of consensual relationships between unmarried and married co-workers and thus charging anyone of rape, if he is unable to meet his commitment on promotion or employment, once again seems unfair. An adult woman who voluntarily indulges in sexual favours with a man, in expectation of something, should be equally liable for its outcome.
Lets take a scenario, when a senior male colleague gets involved with his female team member. Both meet outside the office premises, indulge in consensual flings. However, he does not promote the junior or fails to give her desired increment/bonus. Should such a female co-worker be permitted to file a case of rape against him? We reiterate we are not justifying any moral wrong, but should women who consent to sex with their seniors be allowed to take unfair advantage of the gender biased laws?
Casting Couch in movie industry is a loosely used term. Can anyone clap with one hand? A woman who is being exploited with any such proposition has absolute right to drag that producer/director to court before getting involved with him. However, if a woman gives into the pressures in the hope of getting a role in a film, she is equally responsible of compromising her ethics by taking short cuts. Why should we only blame the men in such cases?
Public Figures Charged With Rape On Promise of Marriage
Singer Ankit Tiwari was charged for rape by his ex-girlfriend. The singer had admitted dating an advertising professional for a year, had even met her parents, but also said that he backed out from marriage after learning that she was a divorcee and had a child from previous marriage. In 2017, Ankit was acquitted from the said charges, however, in the interim, he lost out on many work opportunities due to this rape case.
Malyalam Producer Vijay Babu was charged for rape after the victim claimed that he ‘sexually exploited’ her by projecting to be a saviour for her personal and professional problems. On the other hand, Vijay Babu had produced 400 screen shots of messages sent by the woman to him, claiming that she was suffering from depression. The producer further claimed that he was not in touch with the woman for 1.5 years.
If you recall, Bollywood Director Madhur Bhandarkar had also been charged for rape on false promise of marriage by a small time actor, after he married his current wife. The complainant in this case had accused Bhandarkar of raping her from 1999-2004 on the promise of getting married to her and casting her in a prime role for one of his movies. This case continued for almost eight years and in 2012 the Court dropped charges against the director as there was no evidence of rape against him.
Mithun Chakraborty’s son Mimoh, (also an actor) too, face the wrath of his ex-girlfriend. According to the complainant, the actor was dating her since since 2015, however, later got married to another woman in 2018. As per media reports, the woman had tried to file a rape complaint against Mimoh while he was about to get married, but was only successful in doing so only in 2020.
In 2019, TV Actor Karan Oberoi was arrested for rape after a woman, who he got acquainted with through a dating app, dragged him to court. Oberoi always maintained that she was an acquaintance and that he was never involved with her romantically. While the actor claimed to have distanced himself from the woman in 2016, the FIR was lodged against him after two years.
Another actor Eijaz Khan had opened up about his rape case on Bigg Boss 14. He publicly addressed his experience of being charged for rape, since he was not aware of the consequences for backing out from a live-in relationship.
Does Modi Government Want To Discourage Pre-Marital Sex & Consensual Relationships Between Adults?
As a man in India, you now need to be very sure before indulging in sexual encounters with any woman. On one hand, we have matrimonial counselors who encourage couples to live together before marriage to understand each other well, on the other hand, Section 69 BNS will act as the final nail in the coffin, leaving zero exit for a man to make his choice for a marriage.
We are not suggesting that men and women keep fooling around and keep dumping each other. That is surely not the intent. However, we are also no one to give moral lectures on how any adult should live their life.
The problem comes when a law is codified to penalise only one Gender if he decides to back out from that relationship. If the current Central Government wanted to curb down on live-in relationships, why is this law not being made Gender Neutral? Why is only and only a man put in the dock, while an adult woman who equally decides to have pre-marital sex, is turned into a victim?
The bigger question here is why is our government reducing a consensual relationship only to one aspect, that is sex? Physical intimacy is one part of a relationship, but bringing in a law with ifs, buts and riders will virtually bring an end to all matters related to love and human emotions.
As young individuals in our 20s, we may have a different perspective of life. However, as we mature, our expectations of a marriage and partner may turn very different. Should BNS 69 become a gun on the head of a young man who can be trapped for life by his non-compatible girlfriend?
There are umpteen examples, where young girls do not marry their boyfriends, because they want to opt for better financially settled men? Isn’t that a choice we all respect? Why is our government turning our young hard working men into criminals and rapists after a failed relationship?
If the GOI wants to seriously curb such relationships, they must first ban all dating apps, that are openly promoting one night stands between couples. In fact, men who meet women through dating apps and have a fling are also charged for rape on false promise of marriage, until they succumb to the blackmailing and pay up to buy their freedom.
In our opinion, if any adult woman is conservative, she should herself refrain from indulging in pre-marital sex. But if she chooses to do so, she cannot play the victim by not taking responsibility of the consequences of her choice.
Argument: If You Are Innocent, You Will Win The Case
To everyone who uses this logic, do you realise the time, pain, effort and money that will be wasted on fighting such rape cases? An FIR will be filed on the word of a woman. A medical report does not matter, because a woman can filed a rape case after any number of years of break up.
Often, the disgruntled exes file rape cases against their boyfriends, just after their marriage, and we have several newly married brides begging for help to save their ‘rapist husbands’.
What happens when an FIR is filed? The men will be left running around to seek anticipatory bail from the High Court. If they are lucky and have the resources to employ a competent lawyer, they may get bail. The men who are not financially sound, may be arrested and locked up for a few months, until they can make provisions for their bail.
The trial will then run for years, when a young man may possibly lose out of professional opportunities, thanks to the tag of being accused as a rapist.
If you are innocent, you will win the case, but that victory after losing out your prime years, will only be hollow.
What Should You Do If You Are Charged For Rape On False Promise Of Marriage?
We are not suggesting options for using women and dumping them. But if you have been trapped in such a scenario where your ex is blackmailing you for marriage, never ever give into those pressures.
If you succumb now, your right to choice will be finished after marriage, because blackmailing and threatening you legally, will become her tool for life.
Engage a lawyer the minute you anticipate any such nuisance from your ex’s end, don’t wait till an FIR is lodged. Learn the laws and be prepared to face any such challenges if they come up.
Save your messages/whatsapp/communication with her where you are clarifying that both of you are involved mutually without any thought or false hope of marriage at this point in time.
These chats may not save you from arrest, but will surely come to your rescue during a trial.
Voice For Men India Note:
All girlfriends may not go to such extreme after a break up, and thus we strongly advice men not to be discouraged from finding a partner before marriage. The emotion of love is always healthy, but you need to be alert and cautious in choosing the right partner. Many men even today, only fall for good looks in a woman, and not her mental and emotional compatibility. You cannot influence what could happen to you at a later date, but you can certainly minimize the risks of false rape cases, by choosing someone equal to you and your outlook in all aspects.
MUST MUST WATCH CASE:
No False Promise Of Marriage If Wedding Called Off After Engagement: Karnataka High Court
LEAVE YOUR COMMENTS BELOW:
#BNS69 | Rape On False Promise Of Marriage Law Comes Into Force | #VoiceForMen India Take
▪️Previous Law Vs BNS 69
▪️Is Modi Govt Anti Live-in Relationships?
▪️Why Should Sex on Promise of Favour be Rape?
▪️Pre-marital sex is a Choice for Adult Womanhttps://t.co/Ocq0F3bJyg— Voice For Men India (@voiceformenind) July 1, 2024
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