DECEIT-BASED SEXUAL RELATIONS UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA AND THE LIMITS OF LEGISLATIVE INTERVENTION

AUTHOR – SHREYASH KASHYAP, STUDENT AT AMITY LAW SCHOOL

BEST CITATION – SHREYASH KASHYAP, DECEIT-BASED SEXUAL RELATIONS UNDER SECTION 69 OF THE BHARATIYA NYAYA SANHITA AND THE LIMITS OF LEGISLATIVE INTERVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 99-106, APIS – 3920 – 0001 & ISSN – 2583-2344.

1 Structure and Scope of Section 69

Section 69 of the Bharatiya Nyaya Sanhita, 202, represents a conscious legislative shift from judicially constructed interpretations toward a codified framework addressing deceit-based sexual relations. Unlike the earlier reliance on Section 375 of the Indian Penal Code, 1860, which subsumed such cases under rape through the doctrine of “misconception of fact,” Section 69 creates a distinct statutory offence that specifically targets sexual intercourse obtained through deception, while explicitly clarifying that such conduct does not amount to rape. At a structural level, Section 69 is designed around the concept of fraudulent inducement of consent, thereby marking a doctrinal departure from coercion-based sexual offences. The provision criminalises sexual intercourse where consent is obtained by employing deceitful means, which, as clarified in the Explanation clause, includes false promises of marriage, employment, promotion, or concealment of identity. This expanded formulation reflects legislative intent to capture a broader spectrum of manipulative conduct that may not involve physical force but nevertheless undermines the autonomy of the consenting party.