In India, the new Indian law “Bharatiya Nyaya Sanhita” (BNS) has replaced the 164-year-old Indian Penal Code from July 1. These new laws are being debated across India for various reasons, but one such law is Which has spread anxiety among couples.
Section 69 of the Bharatiya Nyaya Sanhita states that if a “relationship” is established by promising to marry and then fraudulently terminates the relationship, it can be punished with imprisonment for up to 10 years.
The law states that ‘a person who has intercourse with a woman by deception or without the intention of consummating her by promise of marriage, such intercourse is not tantamount to the crime of rape, but he shall be punished with imprisonment for a term which may extend to ten years and with fine, or with both’.
Police say a woman’s words alone can lead to the arrest of her ex-partner. The problems with Section 69 of the BNS do not end there. Arrest can be made after preliminary investigation by the police. However, building a watertight case with evidence in court will be a different matter altogether.
A senior police official says in this regard that the court works on the evidence. We have to produce circumstantial evidence that there was a promise to marry, and that the relationship was established by that promise or pretext, it is very difficult to prove’.
Here, text messages, call recordings and photographs can be used as evidence of breach of promise. However, it may still be difficult to infer that the relationship was established on the basis of a promise of marriage.
This provision can lead to unjust arrests, years of court cases and damage to many aspects of a man’s life.
On the one hand, law enforcement agencies are faced with the problem of implementing Section 69 of the Bharatiya Nyaya Sanhita, on the other hand, people in relationships are more worried about what this law can do.
A twenty-seven-year-old woman named Sujata says, “When a woman consents to a relationship, she knows that there is a possibility that the relationship may end.” If two people want to live together, they don’t even need marriage or promise of marriage’.
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“Fear of imprisonment can make people anxious about forming relationships with their peers,” he added.
Relationships end due to many reasons and now men fear that they will face dire consequences of breaking up with their partners.