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India’s new criminal code, the Bhartiya Nyaya Sanhita (BNS), has sparked controversy with the introduction of Section 69, a law that penalizes men who engage in sexual relationships based on false promises. The law aims to protect women from sexual exploitation, but some observers raise concerns about its implementation and potential misuse.
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Details: Section 69 criminalizes sexual relationships formed through deceit. The law is seen as a response to numerous cases in which women have alleged rape after relationships fell apart, previously tried under broader provisions of the old Indian Penal Code. The Ministry of Law and Justice explains that deceitful actions include giving false promises about marriage, employment, promotion or hiding one’s true identity to mislead the victim. The crime is punishable by up to 10 years’ imprisonment and fines.
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Reactions: The law has been met with mixed reactions. Supporters, like Audrey Dmello of local women’s rights NGO Majlis Law, told CNN that it gives women “validity as to what happened to them.” However, critics argue that the law is vague and could be weaponized to harass men after break-ups. Some also worry about the difficulty of proving deceit and intention in court. “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 pretense. This is very difficult to prove,” a senior police official told India Today.
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