New Delhi: In a significant move, a proposed bill has been introduced that would impose severe penalties for marrying a woman while concealing one’s identity or engaging in intercourse under false pretenses of marriage, promotion, or employment. This legislation, a first of its kind, could result in up to 10 years of imprisonment for such offenses.
Union Home Minister Amit Shah presented the Bharatiya Nyaya Sanhita (BNS) Bill in the Lok Sabha to replace the antiquated Indian Penal Code (IPC) of 1860. He emphasized that this bill specifically targets crimes against women, addressing pressing social issues.
Shah affirmed, “This bill addresses crimes against women and various social challenges they encounter. For the first time, engaging in sexual intercourse with a woman under false promises of marriage, employment, promotion, or false identity will be considered a crime.”
While instances of women alleging rape based on breach of promise of marriage have appeared before courts, the IPC has no explicit provision for such cases.
The bill, now slated for examination by a Standing Committee, states: “Whoever, through deceitful means or by making a false promise of marriage to a woman without any intention of fulfilling it, engages in sexual intercourse with her, which does not amount to rape, shall be subject to imprisonment for up to ten years and may also be liable to a fine.”
The bill defines “deceitful means” to include the false promise of employment or promotion, inducement, or “marrying after suppressing identity.”
Esteemed criminal lawyer Shilpi Jain noted that this provision addresses a long-standing need, as the absence of such legal measures had led to interpretations that were often vague and open-ended.
While some observers speculate that the specific clause about “marrying after suppressing identity” could target cases of interfaith marriages under false aliases, Jain indicated that such interpretations would remain subjective.
The core point, Jain emphasized, is that consent extracted under false pretenses cannot be deemed genuine.
“In our country, women have been exploited by men who engage in sexual relations by promising marriage. This becomes an offense if these men had no intention of marrying them when making such promises,” she asserted.
Jain, however, questioned the wisdom of merging the false promise of marriage with offers of employment or promotion under the same provision.
“The promise of marriage is distinct from the promise of employment or promotion. Marriage pledges are rooted in love and trust, whereas employment or promotion assurances are incentives that women accept in exchange for sexual favors. It’s a transaction of mutual benefit.”
Jain underlined that if a woman willingly enters such an agreement, understanding the exchange of sex for employment or promotion, it may not fit the criteria of deceitful or false promise.
The proposed bill has also introduced gender neutrality to the crime of voyeurism, imposing sentences ranging from three to seven years.
Shah further clarified that these changes were crafted to expedite justice and establish a legal framework that aligns with contemporary societal demands and aspirations.
“In cases of gang rape, a sentence of 20 years to life imprisonment will be imposed. For the rape of girls below 18 years of age, the penalty will be death,” he announced.
The bill outlines that murder will warrant either death sentence or life imprisonment, while rape would attract a minimum 10-year imprisonment or life imprisonment. Gang rape would result in at least 20 years of imprisonment or life imprisonment.
According to the proposed legislation, if a woman dies after rape or if she falls into a persistent vegetative state, the offender will face rigorous imprisonment of no less than 20 years, extendable to life imprisonment or even the death penalty.
Perpetrators who rape a girl below the age of 12 will face rigorous imprisonment for no less than 20 years, extendable to life imprisonment, along with a fine or the death penalty. Those found guilty of rape will be subjected to rigorous imprisonment of no less than 10 years, extendable to life imprisonment, coupled with the imposition of fines.
In cases where police officers, public servants, or armed forces personnel commit rape, they will receive rigorous imprisonment for no less than 10 years, extendable to life imprisonment.
