Engaging in matrimony with a woman by the fraudulent concealment of one’s
true identity or by engaging in sexual intercourse under the fraudulent promise
of marriage, promotion, or employment shall render the perpetrator liable to a
maximum of ten years of incarceration. This legal amendment, introduced on
Friday, presents a unique provision to address these offenses for the first
time.
The Honorable Union Home Minister, Mr. Amit Shah, presented the Bharatiya Nyaya
Sanhita (BNS) Bill, designed to supersede the antiquated Indian Penal Code (IPC)
of 1860, in the Lok Sabha. Mr. Shah emphasized the deliberate inclusion of
provisions aimed at combatting crimes against women.
He stated, “This bill comprehensively addresses crimes against women and
numerous societal challenges they confront. Notably, it categorizes sexual
intercourse with women founded on fraudulent promises of marriage, employment,
promotion, or false identity as criminal conduct.”
Although the courts have previously adjudicated cases in which women alleged
rape on the grounds of breached promises of marriage, the IPC lacks specific
provisions to address this issue.
The bill, presently slated for examination by a Standing Committee, articulates,
“Any individual who, through deceitful means or false promises of marriage to a
woman, without any intention of fulfilling such promises, engages in sexual
intercourse with her—where such sexual intercourse does not meet the criteria
for rape—shall be subject to imprisonment of up to ten years and shall
additionally be liable to a fine.” The bill further specifies that “deceitful
means” encompass fraudulent promises of employment or promotion and inducements
or “marriage after concealing one’s true identity.”
Prominent criminal attorney Ms. Shilpi Jain expressed that this provision has
been long-awaited, and its absence allowed for considerable ambiguity and
interpretation from both sides.
Regarding the specific provision concerning “marriage after concealing one’s
true identity,” some individuals have speculated that it may be directed at
instances of interfaith marriages under false identities. However, Ms. Jain
asserted that such interpretations would remain open to debate.
The central argument here is that consent obtained through false pretenses
cannot be deemed voluntary, she contended.
“In our country, women are exploited by men who engage in sexual relations with
them after promising marriage. Committing such acts while having no intention to
marry at the time of making such promises constitutes an offense,” she declared.
Nonetheless, Ms. Jain expressed reservations about combining the false promise
of marriage with promises of employment or promotion in this provision. She
argued, “A promise of marriage cannot be equated with a promise of employment or
promotion because the promise of marriage is rooted in love and trust, while
promises of employment or promotion involve benefits that women accept in
exchange for sexual relations. It represents a relationship of mutual benefit.
When a woman is aware of the nature of the arrangement, namely, sexual relations
in exchange for employment or promotion, it does not fall under deceitful or
false promises,” she maintained.
Furthermore, the proposed bill introduces gender neutrality in the crime of
voyeurism, prescribing a penalty ranging from three to seven years.
Mr. Shah also clarified that these amendments were introduced with the aim of
expediting the dispensation of justice and establishing a legal framework that
aligns with the contemporary needs and aspirations of the populace.
“In cases of gang rape, the penalty will range from 20 years to life
imprisonment. When it comes to the rape of girls under 18 years of age, the
penalty will be death,” he asserted.
According to the bill, murder shall be punishable by either death or life
imprisonment, rape shall entail a minimum of ten years of imprisonment or
imprisonment for life, and gang rape shall result in a minimum of 20 years of
imprisonment or imprisonment for the remainder of the offender’s natural life.
The bill further stipulates that if a woman succumbs to her injuries following
rape, or if the assault leads to her entering a persistent vegetative state, the
perpetrator shall be subject to rigorous imprisonment for a period of not less
than 20 years, with the possibility of life imprisonment or the ultimate penalty
of death.
Anyone who commits rape shall face rigorous imprisonment for a minimum of 10
years, with the potential for imprisonment for life, in addition to a fine.
In instances where a police officer, public servant, or member of the armed
forces commits rape, the prescribed punishment is rigorous imprisonment for a
term not less than 10 years, extendable to imprisonment for life.
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