New Delhi: A provision within the Bharatiya Nyaya Sanhita (BNS) that criminalises sexual activity by means of deceitful means like making false guarantees of marriage or jobs has left authorized consultants apprehensive, as they really feel that it’s a recipe for misuse and can open “floodgates” of litigation.
Consultants argue Part 69 of BNS may very well be misused as one noticed within the case of Part 498(A) of the Indian Penal Code, regardless of it being thought-about as a progressive provision that has come to the help of 1000’s of harassed married girls. They argue that an accused would discover it tough to show his innocence.
Part 69 says, “whoever, by deceitful means or by making promise to marry to a lady with none intention of fulfilling the identical, has sexual activity along with her, such sexual activity not amounting to the offence of rape, shall be punished with imprisonment of both description for a time period which can lengthen to 10 years and shall even be liable to high-quality.”
‘Deceitful means’ on this part is outlined as “inducement for, or false promise of employment or promotion, or marrying by suppressing id”.
Whereas distinguished lawyer Vivek Tankha, a senior Rajya Sabha MP, has mentioned that the part has “too broad” definition that would result in misuse, senior lawyer Mahalakshmi Pavani finds it as “outrageously derogatory” as it might additionally imply that girls are “prepared to leap into mattress” on the promise of marriage or jobs or promotions.
“How can they draw this analogy?” she requested whereas calling the part because the byproduct of a “misogynist” mindset and one thing that may be a double-edged sword which ends all relationships.
“By making this provision, you might have opened a floodgate of complaints. Now everytime there’s a break up, there’s a danger of a feminine accomplice submitting a grievance. Nowhere on the earth I’ve seen such a provision,” Tankha mentioned including, the nation has added another provision to misuse.
“How do you show a relationship is just not working? You don’t document all calls or messages. One name goes to complete a person for ten years. How do you show the intent to deceit?” Pavani mentioned including there aren’t any correct definitions within the BNS.
She mentioned the dictum has been “harmless until confirmed responsible” however on this part, the accused is presumed responsible already. It turns into a burden on the accused to show that he’s harmless. She mentioned she had seen a number of instances in her profession the place the ladies has victimised males when relationships go the opposite approach.
Tankha mentioned his expertise reveals that such provisions “get misused for private vendetta” and there aren’t any safeguards supplied within the BNS to sort out it.
“One could also be conservative however the world isn’t any extra conservative. We could not prefer it however live-in relationships are frequent. Acrimony between two folks can get extra bitter and it will probably result in instances that aren’t real and this part is an addition to it,” he mentioned.
Revealed 03 July 2024, 12:05 IST