Court finds no prima facie offence under Section 69 of Bharatiya Nyaya Sanhita, 2023 as sexual intercourse preceded promise to marry; accused granted bail with conditions.
In a significant judgment delivered on October 1, 2026, the Karnataka High Court granted regular bail to Sri Mohammed Ayan, the accused in a case registered under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023. The case, arising from allegations of sexual intercourse induced by a false promise of marriage, was scrutinized closely by the Court, which underscored the essential elements required to attract the offence under Section 69.
The petitioner was accused based on a complaint from a 25-year-old woman, who alleged that Ayan had promised to marry her but later reneged, after engaging in sexual relations. However, the Court's detailed examination of the victim's statement, recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, revealed that the sexual intercourse occurred prior to the promise to marry, which legally weakened the prima facie case under Section 69 of BNS.
Justice S Vishwajith Shetty, presiding over the case, emphasized that to constitute an offence under Section 69, the sexual act must be committed either through deceitful means or by making a promise of marriage without any intention to fulfill it. In this instance, since the promise to marry was made only after the initial sexual act, the Court held that the ingredients of the offence were not satisfied in the manner alleged.
The investigation in the case was complete, and a charge-sheet had been filed. Considering that the accused had no prior criminal antecedents and the maximum punishment prescribed under Section 69 was ten years of imprisonment, the Court found it appropriate to grant bail. The bail was subject to conditions including personal bond, regular appearance before the trial court, and prohibition on tampering with witnesses or engaging in similar offences.
The judgment provides clarity on the scope of Section 69 of BNS, 2023, particularly distinguishing the timing and intention behind a promise to marry in cases involving sexual intercourse. This ruling is likely to impact how courts assess similar allegations, balancing the protection of victims with safeguarding individuals from unwarranted prosecution where legal thresholds are not met.
Bottom Line:
Bail, Section 69 of BNS, 2023 - Where statement of victim showed that sexual intercourse had taken place prior to alleged promise to marry, ingredients of offence under Section 69, BNS were not prima facie attracted in the manner alleged - Investigation completed, charge-sheet filed, accused having no criminal antecedents - Regular bail granted.
Statutory provision(s): Section 69 of Bharatiya Nyaya Sanhita, 2023; Sections 183 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
Sri Mohammed Ayan v. State ofKarnataka, (Karnataka) : Law Finder Doc Id # 2993421
