Who is a “woman” under Section 69 BNS? Only a female human being, the Allahabad High Court has held prima facie, ruling that the provision does not reach a transgender woman, even one who has undergone sex-reassignment surgery, as it granted bail to the accused. Prayagraj: A man accused of cheating a transgender woman by […]
A promise to marry after sex does not attract Section 69 of the Bharatiya Nyaya Sanhita, the Karnataka High Court has held while granting regular bail to a man accused under the provision. Bengaluru: The Karnataka High Court has granted regular bail to a man booked under Section 69 of the Bharatiya Nyaya Sanhita (BNS), […]
Holding that the offence of sexual intercourse on a false promise of marriage under Section 69 BNS cannot be attracted against a woman accused on the allegations made, the Karnataka High Court has quashed that charge against a woman named as the second accused in an FIR, while allowing the investigation into the remaining allegations […]
The Kerala High Court refused anticipatory bail to a man accused of concealing a live-in partner and child before his engagement, holding that the deceitful means limb of Section 69 BNS and the SC/ST Act bar under Section 18 prima facie apply.
The Delhi High Court has set aside a trial court order granting regular bail to a man accused of rape on a false promise of marriage, holding that the prosecutrix was entitled to be heard, and has sent the bail application back for a fresh decision within two weeks, without expressing a view on the merits.
The Allahabad High Court, Lucknow Bench, has discharged a Member of Parliament from all charges in a rape case, holding that the prosecution’s own material showed a long-term consensual relationship between two married adults and that the allegations, as they stood, were inherently improbable, so that continuing the trial would be an abuse of process.
In one of the first Supreme Court readings of Section 69 of the Bharatiya Nyaya Sanhita, the Court quashed a “false promise of marriage” FIR, holding that the new offence carries the same rigour as the old law: the promise must have been made with no intention of ever fulfilling it. New Delhi: The Supreme […]
The Supreme Court upheld anticipatory bail granted to MLA Rahul Mamkootathil in a rape case but removed adverse remarks made by the Kerala High Court against the survivor. The Court said such observations were unnecessary and ordered them to be expunged.
The Karnataka High Court quashed rape proceedings against a man accused of a false promise of marriage under the Bharatiya Nyaya Sanhita, 2023. Justice M. Nagaprasanna said, “The law does not criminalize heart break,” citing a consensual relationship.
The Allahabad High Court held that when a married man promises marriage, the deceit begins from the very start. Refusing to quash proceedings under Section 69 BNS, the Court said such allegations must be tested during trial.
