The Karnataka High Court on Tuesday took critical note that there has been a spurt of cases where consensual sexual relationships are criminalised through the filing of complaints under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) when the relationship sours.
Notably, Section 69 BNS punishes the offence of inducing women to engage in sexual intercourse by deceitful means, including by giving false promises of marriage.
Justice M Nagaprasanna yesterday had occasion to deal with a plea filed by a man who claimed that a woman he met through the online dating app Bumble had filed a false Section 69 BNS case against him, even though sexual relations between them were consensual.
The Court granted the accused man interim relief by staying the criminal investigation against him and ordering his release from prison, while flagging the "mushrooming" misuse of Section 69 BNS.
"When the relationship would tumble, the crime has emerged against the petitioner on the score that petitioner has had sexual intercourse with the complainant deceitfully on promise of marriage. Such cases being registered on the onset of Section 69 (of BNS) are mushrooming before this court. This case becomes a classic illustration of one such case that has mushroomed. Therefore, there shall be an interim order of stay of investigations against petitioner until the next date of hearing," the Court said.
The Court also noted that arrests in such cases have become rampant.
"After having two-three years of consensual relationship - (someone) registers a crime, and the man is inside," the judge orally observed.
In its interim order, the Court added,
"The State, on the score that the offence alleged is one punishable with 10 years imprisonment, is, on the moment of registration of crime, taking every accused into custody."
During the hearing, the accused man's counsel also told the court about a poem that the complainant-woman had written, which acknowledged that the relationship between her and the accused was a consensual, casual one.
The State's counsel countered that the poem in question also mentioned a promise of marriage.
Justice Nagaprasanna asked if the accused man is the object of the poem, to which the counsel replied,
"I'm (the accused man/ petitioner) the muse."
"It would amuse," the judge replied, on a lighter note.
The Court proceeded to observe that the accused has been in judicial custody (jail), which was recently extended till March 4.
It opined that this was not a case where the accused should have been arrested, since the sexual relationship complained of appears to be consensual.
"In a case of this nature, where the accused could not have been taken into custody, as they were all purely consensual acts between the two, the petitioner is now facing imprisonment. In that light, I deem it appropriate to direct jail authorities to forthwith release the petitioner from prison and be set at liberty with conditions," the Court ordered.