Karnataka High Court Intervenes in BNS Section 69 Case, Citing Growing Misuse
The Karnataka High Court has granted interim relief to an employee of a private company in Bengaluru, while strongly criticizing the increasing misuse of provisions related to breach of promise of marriage under the Bharatiya Nyaya Sanhita (BNS).
Court Expresses Concern Over "Mushrooming" Cases
Justice M Nagaprasanna, in a significant interim order, stayed the investigation and proceedings against the petitioner pending before the 41st additional chief judicial magistrate court in Bengaluru. The judge observed that litigation regarding misuse of Section 69 of the BNS is growing rapidly, with cases appearing before the court daily.
"In all cases where relationships end in breakup, the man is in the lockup," Justice Nagaprasanna noted, emphasizing the need for immediate intervention. The court directed the petitioner's release forthwith, highlighting the urgency of addressing what it perceives as systemic misuse of the legal provision.
Background of the Case
The petitioner, originally from Gwalior in Madhya Pradesh, and the complainant were colleagues who developed a relationship over eight months. According to court documents, their relationship became physical during this period.
The complaint was registered on allegations that the petitioner engaged in a physical relationship based on a commitment of marriage, which he subsequently broke. As a result of this complaint, the petitioner has been in judicial custody for more than six weeks.
Court Finds Relationship Was Consensual
After examining the materials on record, Justice Nagaprasanna made a crucial observation: the complaint clearly indicated that all alleged acts between the petitioner and complainant were consensual. The judge noted that "not a word of allegation of sexual assault by the petitioner against the complainant was narrated" in the complaint.
While Section 69 of the BNS is designed to punish individuals who have sexual intercourse based on a deceitful promise of marriage, the court found no indication of such deceit in this particular case. Justice Nagaprasanna stated that the breach of promise of marriage appeared to be "an afterthought that springs in the complaint" rather than evidence of original deceit.
Legal Precedent Cited
The court granted relief based on observations from the Supreme Court's judgment in Dr Dhruvaram Murlidhar Sonar vs State of Maharashtra case. This precedent helps distinguish between genuine cases of deceitful promises and situations where relationships end naturally without criminal intent.
The interim order will remain in effect until the next date of hearing, providing temporary protection to the petitioner while the broader issues surrounding Section 69 implementation are examined.
Broader Implications
This case highlights several important legal and social considerations:
- The need for careful application of laws regarding promises of marriage
- The distinction between criminal deceit and relationship breakdowns
- Protection against potential misuse of legal provisions in personal disputes
- The balance between protecting genuine victims and preventing weaponization of laws
The Karnataka High Court's intervention in this matter signals growing judicial concern about how Section 69 of the BNS is being applied in cases involving consensual relationships that eventually end. The court's emphasis on examining whether deceit was present from the beginning, rather than being claimed after a relationship ends, establishes an important legal standard for similar cases moving forward.
