Q1. With reference to consent and sexual offences under the Bharatiya Nyaya Sanhita (BNS), 2023, consider the following statements:
- Consent obtained under a misconception of fact may be invalid when the person obtaining it knows or has reason to believe that consent is being given under such misconception.
- A subsequent breakdown of a consensual relationship, by itself, is sufficient to establish that consent was obtained through deception.
- Section 69 of the BNS deals with sexual intercourse by employing deceitful means or making a promise to marry without intention of fulfilling it, where the act does not amount to rape.
- Every instance of sexual intercourse following a false promise of marriage necessarily falls within the definition of rape under Section 63.
Which of the statements given above are correct?
(a) 1 and 3 only
(b) 1, 2 and 3 only
(c) 2 and 4 only
(d) 1, 3 and 4 only
Answer: (a)
Explanation:
- Statement 1 is Correct: Section 28 of BNS provides that consent given under fear of injury or misconception of fact is not valid consent, subject to the knowledge or reasonable belief of the person obtaining it.
- Statement 2 is Incorrect: Subsequent deterioration or breakdown of a relationship does not automatically establish deception at the time consent was given.
- Statement 3 is Correct: Section 69 specifically addresses sexual intercourse by deceitful means or a promise to marry made without intention of fulfilment, where the act does not amount to rape.
- Statement 4 is Incorrect: Section 69 creates a distinct offence. Every false promise of marriage does not automatically constitute rape under Section 63. The facts and legally applicable ingredients must be established.
