A parliamentary panel is reportedly recommending that the draft report on the proposed BNS (Bharatiya Nyaya Sanhita) Bill should include the act of concealing one's existing marital status, not just one's identity, when marrying or engaging in sexual activity with a woman as a form of deceitful means that constitutes an offense under Clause 69 of the legislation.
According to Clause 69 of the BNS Bill, individuals who engage in sexual intercourse with a woman by using deceitful means or by falsely promising marriage without any genuine intention to follow through with that promise may face penalties. The punishment for this offense can include imprisonment for up to 10 years and a fine. It's important to note that this provision applies to cases where the sexual intercourse does not constitute the offense of rape.
The explanation provided for the clause clarifies that "deceitful means" encompasses various actions such as making false promises of employment or promotion, as well as inducing someone to marry while concealing one's true identity.
In its draft report on the BNS Bill, the standing committee is reportedly suggesting an amendment to the explanation part. It is believed that the committee is recommending the inclusion of the words 'or marital status' after the words 'suppressing identity' in the explanation to the clause.
The committee's recommendation to include concealing one's marital status as an offense under Clause 69 seems to have been influenced by a significant number of court cases where individuals have deceived multiple women into marrying them or engaging in sexual intercourse by hiding the fact that they are already married. These cases may have raised concerns about the need for legal provisions to address such situations, ultimately leading to the proposed amendment to the bill.
The BNS Bill aims to introduce a new provision that considers engaging in sexual relations with a woman based on false promises of marriage or other inducements, such as employment, as well as marrying someone after concealing one's identity, as an offense. This proposed provision is not present in the Indian Penal Code, which the BNS Bill is intended to replace.
The proposal to introduce the new offense in the BNS Bill appears to be a response to cases commonly referred to as "love jihad." This term is often used to describe situations involving inter-faith marriages where a woman of one faith is allegedly influenced to enter into a relationship or love affair by a male partner of another faith who conceals or misrepresents his own faith.
In addition to the proposed offense related to false promises of marriage or inducements, the parliamentary committee is considering expanding the scope of Clause 69 in the BNS Bill. They aim to include the act of a married man engaging in sexual intercourse with a woman without revealing his marital status as an offense, provided that the sexual intercourse does not qualify as rape. This expansion of the clause would potentially invite penalties of up to 10 years of imprisonment, further addressing issues related to deceitful means in sexual relationships involving married individuals.
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