A girl had accused the boy of drugging her, taking her to Delhi and raping her. Due to this, the boy had to spend 4 years in jail. When the case came to the Bareilly Sessions Court in early May this year, the girl withdrew her allegations during her testimony in court, after which the court acquitted the boy. However, he had already spent 4 years in jail. He was sentenced for a crime he did not commit. The case is from 2019, when a case of kidnapping and rape was registered against the boy. The court acquitted the boy and sentenced the girl to the same jail term, i.e. 4 years.
Today let's talk about the Indian Justice Code (BNS) which has replaced the Indian Penal Code from July 1, 2024. Let's know about one of the new laws, Section 69, from a legal expert. Actually, it is believed that by implementing Section 69, cheating or breaking up in a relationship has been made illegal.
It is not right to file false cases against men for recovery
The court said, due to such acts of women, real victims have to suffer. This is a very serious matter for the society. Using the police and the court as a medium to fulfill one's purpose is objectionable. Women cannot be given the freedom to harm the interests of men. The court also said that this case will set an example for those women who file false cases against men to extort money.
Don't say Shri 420, now say Shri 318, three new criminal laws will be implemented from today, know what all will change
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What is Section 69, how different is it from rape?
Supreme Court advocate Anil Singh Srinet says that Section 69 of the Indian Penal Code states that whoever has sexual intercourse with his partner by deceit or fraud or by promising marriage, such sexual intercourse will not come under the category of rape. In such cases, there will be a punishment, which can be a minimum of 1 year and a maximum of 10 years and a fine can also be imposed. This section will be applicable in cases that do not come under the category of rape.
These figures are from NCRB till 2019
What is fraud in the eyes of the law?
Advocate Anil Singh Srinet explains that cheating means to entice the partner to have an affair or physical relationship by luring him/her with a job, promotion or marriage. Legally, this is where the problem lies. Anil Singh says that section 69 is very broad. It can be misused. Seeing the way false rape cases are increasing, it was necessary to make a separate law on this. But despite this, it is more stressful for men. Because breakups keep happening in most relationships. In such a situation, there remains a possibility of the female partner filing an FIR.
What is it about 69 that is a matter of tension for men
According to Advocate Anil Singh Srinet, you cannot prove any relationship whether it is going well or not. You cannot record all the messages or phone calls. The biggest thing is how will you prove whether someone has cheated you or not.
In a battle of egos, the male partner is being sent to jail
Advocate Shivaji Shukla of Saket Court, Delhi, explains that under Section 69, it is presumed that the man is the accused. It is the responsibility of the accused to prove that he is innocent. There are many women who, when their relationship deteriorates, accuse their male partner of rape in order to harass him or satisfy their ego.
It is not right to make false promises of job or promotion
Advocate Shivaji Shukla says that it is not right to include false promises of job or promotion in section 69, because the promise of marriage cannot be linked to the promise of promotion. The promise of marriage is based on love and trust. Whereas a job or promotion is a form of taking advantage.
What was the rule earlier, why was it removed now
According to Anil Singh Srinet, the crime of 'sexual intercourse by deception' was not defined under the Indian Penal Code (IPC), 1860. However, its Section 90 states that consent for sexual intercourse given under a misconception of fact will be considered illegal. If consent is given by a person under fear or pressure, it will also not be valid. In such cases, a case was registered against the accused under Section 375 (rape). At that time, relationships formed on the pretext of marriage were put in the category of rape, which has a provision for severe punishment. Today, the trend of live-in relationships or boy and girl living together has increased rapidly. In such a situation, when sexual relations are made with mutual consent, it was not right to put it in the category of rape. On many occasions, the court has said that promising marriage does not mean that the girl will have a relationship with her partner. She should still avoid it.
She blames her male partner for taking revenge
Advocate Anil Singh Srinet says that many times false allegations of rape are made to vent personal anger, take revenge for something, or to get compensation. It has also been seen that even after the relationship ends, the male partner is accused of rape. Girls also accuse of rape under family pressure. While hearing a case in 2017, the Delhi High Court had said that whenever a relationship breaks due to any reason, the woman uses this law as a weapon for her personal revenge. In frustration, she calls consensual physical relations as rape. In the case of consensual relations made by promising marriage, there should be a clear line between rape and consensual relations.
False rape cases are filed to obtain abortion orders
According to Advocate Shivaji Shukla, there are many cases in which false rape cases are registered so that an abortion order can be obtained from the court. This is a dangerous practice where a unique method has been invented to kill the unborn child. This happens in cases where the girl appeals to the court to allow abortion citing her defamation and ruined life. In such a case, she often accuses the person with whom she was in a relationship of rape. By the way, this is also a blatant violation of the Medical Termination of Pregnancy Act, 1971.
False rape cases ruin a man's life
According to a study by author Shahryar Adibam- 'False allegations of rape against men in India', due to a false rape case the victim loses his credibility in the society. Everyone looks at him with suspicion. This leads to the loss of sensitivity towards rape in the society. The woman who is actually the victim does not get the sympathy of the people. In a false rape case, the accused suffers lifelong loss. He is labelled as a rapist. He develops mental problems like depression, frustration, irritability. In some cases, the victim accused is fired from the job. In some cases, men even commit suicide due to false allegations.
When the High Court said – maintaining a relationship for 6 years is not rape
Last year, the Karnataka High Court said in a case that if a woman willingly has physical relations with her partner for more than 6 years, then it should not be called rape. In this case from Bengaluru, the woman had accused her partner of raping her for 6 years by making false promises of marriage. The court called this case the best example of misuse of the legal process.
