The introduction of the Bharatiya Nyaya Sanhita (BNS) has brought new laws and, with them, a lot of new questions. One of the most talked-about is Section 69. This provision deals with sexual intercourse procured by “deceitful means” or a “false promise to marry.”
Given the serious nature of this new law, the most pressing question people have is: What is the punishment for 69 BNS?
It’s a question that demands a clear, direct answer. At lawyerinfaridabad.com, we believe in making the law understandable. The short answer is: the punishment is severe and can lead to significant jail time.
Let’s explore the exact penalty prescribed by the law and, more importantly, what those penalties mean for an accused person in the real world.
A Quick Look: What is Section 69 BNS?
Before we talk about the punishment, let’s quickly recap the offense. Section 69 of the BNS criminalizes the act of a man obtaining a woman’s consent for sexual intercourse through:
- Deceitful Means: This includes a false promise of employment or promotion, inducement, or suppressing his true identity.
- False Promise to Marry: This is the key part. It applies when the man makes a promise to marry without any intention of ever fulfilling it.
This law is designed to separate false promises from genuine relationships that simply don’t work out. It targets the intention to deceive from the very beginning.
The Punishment: What the Law Book Says
So, what happens if a person is tried and convicted under Section 69 of the BNS?
The law states that the convicted person: “…shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.”
Let’s break that down into simple terms:
- Imprisonment up to 10 Years: This is the maximum jail sentence. A judge will decide the exact length (e.g., 3, 5, 7, or 10 years) based on the case’s facts, the evidence, and the severity of the deception.
- “Of Either Description”: This is a standard legal term in India. It means the imprisonment can be either Simple (basic confinement) or Rigorous (which includes hard labor), as determined by the court.
- “And Shall Also Be Liable to Fine”: This is not an “either/or” situation. The law mandates that a fine must be imposed in addition to the jail sentence.
The key takeaway is that this is not a minor offense. A 10-year potential sentence places it firmly in the category of serious criminal charges.
Why the Punishment Level is Critical: The Bail Hurdle
The severity of the punishment directly impacts one of the most urgent parts of any criminal case: Bail.
Because the maximum punishment is 10 years, Section 69 BNS is classified as a:
- Cognizable Offense: Police can make an arrest without a warrant.
- Non-Bailable Offense: This is the most critical part.
“Non-bailable” does not mean bail is impossible. It means bail is not a right. You cannot get bail at the police station. You must file a formal bail application in court, and it is entirely up to the judge’s discretion whether to grant it or not.
This is where a Bail advocate in faridabad becomes essential.
- If you anticipate an arrest, an advocate can file for Anticipatory Bail in the Sessions Court or High Court.
- If an arrest has already been made, your advocate must file for Regular Bail.
The advocate must build a strong case just to secure your release while the trial is pending. They will need to argue that you are not a flight risk, that you won’t tamper with evidence, and that the case against you may not be as strong as the FIR suggests.
How a Criminal Case Advocate Can Help
Facing a Section 69 charge is a serious Criminal Case advocate faridabad matter. The legal battle is complex. A conviction hinges on the prosecution proving “deceitful intent” from the very beginning, which is often a difficult thing to prove.
Your legal team’s job is to build a robust defense. This is where Advocate Satish Chauhan and the team at lawyerinfaridabad.com focus their expertise. A defense may involve:
- Scrutinizing the FIR for inconsistencies.
- Presenting evidence (like messages or call records) that shows the relationship was consensual and the promise was genuine.
- Challenging the complainant’s claims in court.
In summary, the punishment for Section 69 BNS is severe, reflecting the law’s serious view of this offense. The up-to-10-year sentence makes it a non-bailable offense, meaning your first and most important step should be to contact an experienced criminal lawyer.
Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. The information provided is not intended to be used in court or for any legal proceedings. For advice specific to your case, please contact a qualified advocate.
