Is Section 69 of BNS inapplicable?

Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 pertains to sexual intercourse based on deceit, specifically false promises of marriage. It is designed to address cases where individuals engage in sexual relations by misleading a woman with a false promise of marriage. The section categorizes two offenses:

1. Deceitful means: This covers situations where false promises (e.g., of marriage or employment) are used to induce sexual relations.

2. False promise to marry: This deals with cases where a man promises marriage with no intention of fulfilling that promise, exploiting the woman's consent for sexual relations.

However, the provision explicitly applies to women, not to other genders. The Himachal Pradesh High Court recently ruled that Section 69 does not apply to transgender individuals.

In a case where a man had sexual relations with a transgender woman under the pretext of marriage, the court granted bail, clarifying that Section 69 is specific to women, as transgender individuals are categorized separately in the law​

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