# Karnataka High Court Rules BNS Section 69 Inapplicable to Women in False Promise of Marriage Cases

> The Karnataka High Court held that BNS Section 69, which deals with sexual relations under deceitful promises to marry, cannot be invoked against female accused, while permitting other charges to proceed.

**Type:** article · **Category:** Karnataka · **Published:** 2026-10-08 · **Source:** TrendKia
**Canonical:** https://trendkia.com/en/karnataka/karnataka-high-court-ka-phaisala-mahilaon-ke-khilapha-lagu-nahin-hogi-bns-ki-dhara-69-44866 · **Language:** English
**Tags:** Karnataka High Court, BNS Section 69, Bharatiya Nyaya Sanhita, Legal Ruling, Justice Anant Ramanath Hegde, Blackmail, IT Act

The Karnataka High Court has clarified the legal boundaries surrounding allegations of sexual relations established on deceitful promises to marry under the Bharatiya Nyaya Sanhita. In an important ruling regarding gender-specific statutory applicability, the court held that Section 69 of the BNS cannot be invoked against a female accused. Consequently, the criminal proceedings initiated against a woman under this particular penal provision have been partially quashed, setting a clear precedent on who falls within the scope of this offence.

## Partial Relief Granted to Female Petitioner
The decision was delivered by Justice Anant Ramanath Hegde while adjudicating a petition filed by an accused woman seeking the quashing of proceedings against her. Following an analysis of the statutory wording of Section 69, Justice Hegde observed that because the petitioner is a woman, the penal offence relating to obtaining sexual intercourse through deceitful means or fraudulent promises of marriage does not apply to her. The relief, however, remains strictly limited to this specific charge. The High Court expressly refused to halt the broader criminal investigation, directing authorities to continue probing accompanying charges involving extortion, blackmail, and offences registered under the Information Technology Act.

## Allegations of Deceit and Broken Marital Promises
The controversy stems from a formal police complaint lodged by an aggrieved woman, who alleged that the petitioner's husband had pursued an intimate relationship with her. According to the complaint, the man represented that his marital ties with his wife were strained and irretrievably damaged, assuring the complainant that he intended to marry her. Believing these representations, the complainant entered into physical relations with him, only to later discover that the commitments were not honoured.

## Accusations of Blackmail and Unauthorised Sharing of Intimate Media
The dispute escalated further when the complainant accused both the husband and his wife of colluding to target and harass her. The formal complaint stated that the couple had accessed her private photographs and video clips, subsequently sharing them with third parties without her knowledge or consent. Furthermore, these explicit materials were allegedly used to blackmail and coerce the victim, prompting her to approach law enforcement authorities. The police subsequently registered criminal charges against both spouses, encompassing offences under the BNS alongside cybersecurity provisions. Challenging her inclusion in the case, the wife approached the High Court, which has now affirmed that she cannot be prosecuted under Section 69.

## What this means for you
This judgment clarifies that Section 69 of the BNS cannot be applied to female individuals, establishing clear legal boundaries for prosecution.

- **Across India:** The ruling sets a significant judicial precedent for the interpretation of provisions under the new criminal code. Lower courts across the country will rely on this interpretation to reject Section 69 charges brought against women.
- **In Karnataka:** Police and investigating agencies in the state must adhere to this limitation while framing charges in relationship disputes. Concurrently, other criminal allegations such as blackmail and cyber offences will continue to be probed normally.
- **For accused persons:** Women wrongfully named under this specific sexual offence provision can seek swift legal relief from courts. It curtails the risk of distant female relatives being swept into matrimonial deceit complaints.
- **For complainants:** Victims must frame allegations with precision, recognising that the specific offence of deceitful intimacy applies only to the individual who made the false commitment. Associated harassment or media sharing by others must be addressed through appropriate general penal and IT laws.

## Why this happened
This judgment was delivered after a petition challenged the applicability of Section 69 of the BNS to a female co-accused.

- **Direct cause:** A woman approached the High Court challenging the criminal proceedings filed against her alongside her husband under Section 69. The court examined the legal text and determined that the offence does not apply to women.
- **Statutory framework:** Section 69 of the BNS penalises sexual intercourse obtained through deceitful means or false assurances of marriage. The structure of this penal provision contemplates the perpetrator of such deceitful physical relations as a male.
- **Continuation of other charges:** The court did not quash the entire proceedings because substantive allegations of extortion and unauthorized image distribution remained. Consequently, the bench permitted the investigation regarding blackmail and IT Act violations to move forward.

## Questions & Answers

### 1. What did the Karnataka High Court rule regarding BNS Section 69?
The court held that Section 69 of the BNS, concerning sexual relations on false promises of marriage, does not apply to women.

### 2. Have all charges against the female petitioner been dismissed?
No, the court only quashed the proceedings under Section 69, while allowing the investigation into blackmail and IT Act offences to continue.

### 3. Which judge delivered this ruling?
The order was passed by Justice Anant Ramanath Hegde of the Karnataka High Court.

### 4. What were the primary allegations in the complaint?
The complainant alleged that the petitioner's husband had physical relations with her on a false promise of marriage and later conspired to blackmail her using private media.

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