The new Bhartiya Nyaya Sanhita (BNS), which replaced the 164-year-old Indian Penal Code (IPC) on July 1, has introduced Section 69, raising significant concerns among experts and the common folk alike.
This section states that if a man promises to marry a woman without intending to do so and engages in a sexual relationship based on that promise, he can face up to 10 years in prison, reported India Today.

Bhartiya Nyaya Sanhita 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 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.”
However, it also makes breakups potentially illegal, putting men at risk of being harassed if their relationships do not lead to marriage.
Lawyers worry that proving “intent to deceive” can be subjective, leading to unfair targeting of men if relationships end for other reasons. Police officials are concerned that this law might result in arrests without solid evidence. Here’s a look at the concerns that has been raised by experts and people:
“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. Relationships can end for several reasons, even when there is an intent to marry. Proving somebody intended to marry but could not for whatever reason will be difficult,” said Ghaziabad-based lawyer Arvind Singh.

“The court works on evidence. We will have to produce circumstantial evidence that there was a promise to marry, and the sexual intercourse happened under guise or pretence. This is very difficult to prove. Messages, calls and pictures will be taken into account here. They will set the premise for the relationship and if marriage has been discussed. Even then, we might not know if a sexual relationship was established only under the promise that a marriage would take place. In the cases under the Section, the man might be arrested just on the word of the woman. The arrest will be faster, but the court will still need evidence and that is where it is going to be a problem,” said a senior police official with 30 years of service.

“What if due to some of my family reasons, I cannot marry her. Or she cannot marry me. We cannot make it work, and then she files a complaint against me. How will I save myself,” said a 26-year-old man from Delhi.

“How do you prove a relationship is not working? You do not record all calls or messages. One call is going to finish a man for ten years. How do you prove the intent to deceit?” asked senior lawyer Mahalakshmi Pavani.
What are your views regarding section 69 of the Bhartiya Nyaya Sanhita?