The Karnataka High Court recently held that a woman cannot be accused of the offence of having sexual intercourse through deceitful means or a false promise to marry under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023.

Justice Anant Ramanath Hegde held the same while partially quashing criminal proceedings under Section 69, BNS, 2023 against a woman.

"Admittedly, the petitioner is a women and is arrayed as accused No.2 and the offence under Section 69 of the BNS, 2023, cannot be attracted against the petitioner and the allegations in the complaint do not indicate any such act by the petitioner."

The complainant in the case was a woman who claimed that she had sexual relations with the petitioner's husband. The husband allegedly promised to marry the complainant after saying that his relationship with his wife was not cordial. The complainant also alleged that the husband and wife had taken photos and videos of her, shared them with third parties without her consent and attempted to blackmail her.

She then filed a complaint against the petitioner and her husband for sexual intercourse obtained through deceitful means or a false promise to marry, criminal intimidation, extortion and offences under the Information Technology Act. The petitioner approached the Karnataka High Court to quash the proceedings before a lower court.

The High Court quashed the criminal proceedings pertaining to the offence of Section 69, BNS against the petitioner. However, it did not quash the other offences. It held,

"In case, during the course of investigation if it is found that there is no data transfer by the petitioner or with the consent of the petitioner, then there cannot be any charge sheet for the said offence against the petitioner."

Advocate Suyog Herele E represented the petitioner.

High Court Government Pleader Nagharish GS appeared for the State.

Advocate Ramesha HE represented the complainant.

[Read Order]