Breaking up with a woman after being in a relationship can get an Indian man a 10-year term in prison. This provision is a simplified explanation of Section 69 of the Bharatiya Nyaya Sanhiya (BNS), which replaced the British-era Indian Penal Code (IPC) of 1860. Making sexual relationships on the pretext of marriage or a job have been criminalised under the new lawbook, which also mandates a harsh punishment in such cases. Although the provision is being seen as an empowering tool for Indian women, the potential for its misuse also raises several concerns.

Section 69 stipulates that entering into a sexual relationship with a woman on the pretext of marriage and not fulfilling the promise can lead to a 10-year imprisonment. Experts believe that this law while curbing such crimes against women, can also lead to rampant misuse as the accused would find it very hard to prove his innocence.

What does Section 69 say

“Whoever, by deceitful means or by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine,” the Section 69 of the new Bharatiya Nyaya Sanhita states.

The term 'deceitful' has been explained as luring on the promise of employment, promotion or marriage by hiding one's identity, according to the Ministry of Law and Justice.

In other words, the criminal Sanhita makes it illegal to engage in sexual acts based on false promises of a job or marriage. In the now-scrapped IPC, this offence was dealt with under section 90, which provided that having a sexual relationship based on false promises will be treated as "non-consensual" and it will further evoke section 375 - the legal case of rape under the old lawbook.

Are There Similar Laws In Other Countries

Yes! In simple words, yes many countries, including the United States and United Kingdom stipulate severe punishments in cases of sexual intercourse where consent is obtained through deceit. In French law books, such cases are treated under the "viol par surprise" or rape by surprise and carry severe punishment that can be up to 15 years in jail.

In the United Kingdom, obtaining consent through deceit is considered a serious offence under Section 74 of The Code for Crown Prosecutors. In Japan, such crimes have a fixed prison term of no less than five years.