10-year jail for marrying a woman by concealing identity under Bharatiya Nyaya Sanhita

Proposed legislation introduced on Friday brings new consequences for certain offences involving deceitful actions in relationships and employment. Union Home Minister Amit Shah presented the Bharatiya Nyaya Sanhita (BNS) Bill, aimed at replacing the outdated Indian Penal Code (IPC) from 1860. This bill introduces a novel provision specifically targeting crimes against women, particularly those arising from deceptive relationships.

Crimes against women and various social issues they face have been directly addressed in this bill. Notably, engaging in sexual intercourse with women under the false pretence of marriage, job offers, promotions, or false identities will now be considered criminal acts, Shah stated.

While cases of women claiming rape based on broken promises of marriage have been addressed in the courts, the IPC does not currently include a dedicated provision for such instances.

The newly proposed bill, subject to examination by a Standing Committee, articulates: "Whoever, by deceitful means or making by a promise to marry to a woman without any intention of fulfilling the same, and 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." 

Additionally, the bill defines "deceitful means" to encompass false assurances of employment, promotion, inducements, or engaging in marriage while concealing one's true identity.

Legal experts say that this provision was long overdue, noting that the absence of such a clause led to a lack of consensus regarding whether the actions were criminal. They cautioned against interpreting the provision about 'marrying after suppressing identity' solely in the context of interfaith marriages with false identities. 

The critical point, they emphasized, is that consent obtained through misleading tactics cannot be considered genuine.

A legal expert said women in our country are being taken advantage of by men who engage in sexual activity after promising marriage, and if these men had no intention to marry at the time of making the promise, it's an offence.

However, some experts expressed reservations about grouping false promises of marriage with employment or promotion commitments within the same provision, believing it might not be the most appropriate approach. They argue that the promise of marriage is rooted in trust and emotions, whereas commitments related to employment or promotion are transactional.

The proposed bill also ensures gender neutrality in the crime of voyeurism, with a punishment range of three to seven years. Experts underscored that these changes were introduced to expedite justice and create a legal framework aligned with contemporary societal needs and aspirations.

"In cases of gang rape, the penalty will range from 20 years to life imprisonment. When it comes to the rape of girls under 18 years of age, the punishment will be death," Shah stated.

The bill outlines that murder will carry a sentence of either death or life imprisonment, while rape will result in a minimum of 10 years of imprisonment or life imprisonment, and gang rape will lead to at least 20 years of imprisonment or life imprisonment.

According to the proposed legislation, if rape leads to the victim's death or leaves her in a permanent vegetative state, the perpetrator will face rigorous imprisonment of at least 20 years, up to life imprisonment, or the death penalty.

Perpetrators who rape girls under the age of 12 will be subject to rigorous imprisonment for a minimum of 20 years, up to life imprisonment, or the death penalty, along with fines.

Any individual convicted of rape will be sentenced to rigorous imprisonment for no less than 10 years, up to life imprisonment, in addition to fines. If a police officer, public servant, or member of the armed forces commits rape, they will face rigorous imprisonment for no less than 10 years, up to life imprisonment.