Sexual Intercourse On False Promise Of Marriage U/S 69 BNS Does Not Apply To Women: Karnataka High Court Quashes Case

KARNATAKA: The Karnataka High Court has ruled that a woman cannot be prosecuted under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, which deals with sexual intercourse through deceitful means, including a false promise of marriage. However, the Court clarified that allegations involving the unauthorised sharing of private photographs and videos must still be investigated.

Justice Anant Ramanath Hegde passed the order on 25 September 2026, while hearing a petition filed by a married woman seeking to quash an FIR registered against her at Subrahmanyapura Police Station, Bengaluru.

Read Also:- Section 69 BNS: Legal Protection or Weapon Against Men?

The complainant alleged that she was in a relationship with the petitioner's husband, who was named as accused No. 1. According to the complaint, the husband and wife said their marriage was not going well. The complainant further alleged that the husband promised to marry her and subsequently established a physical relationship with her.

She also alleged that the husband and wife had taken her photographs and videos and shared them with third parties without her knowledge or consent. Allegations of blackmail were also raised against both accused.

The police registered Crime No. 185/2026 under Sections 69, 308(2), and 351(2) of the BNS, read with Section 3(5), along with Sections 66E and 67A of the Information Technology Act, 2000.

The wife approached the High Court, arguing that Section 69 BNS could not apply to her. Her counsel submitted that she had been married to accused No. 1 for approximately 11 years and could not automatically be made criminally liable for a dispute arising from her husband's alleged relationship with another woman.

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She also denied transmitting the complainant's photographs or videos to anybody.

The State opposed the petition, submitting that the investigation was still underway and that certain materials recovered by the police indicated that the petitioner had transmitted photographs and videos without the complainant's consent.

After examining the allegations, the High Court observed:

"Admittedly, the petitioner is a woman and is arrayed as accused No. 2, and the offence under Section 69 of the BNS, 2023, cannot be attracted against the petitioner and the allegations in the complaint do not indicate any such act by the petitioner."

However, the Court found that the allegations concerning the transfer of photographs required further investigation.

The petitioner's counsel argued that even if the material was found to have been transferred from her mobile phone, somebody else could have misused the device. The Court held that this defence could not be conclusively examined at the present stage.

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Importantly, the Court clarified that if the investigation establishes that the petitioner neither transferred the material nor consented to its transfer, she cannot be charge-sheeted for that offence.

The Court then ordered:

"For the aforementioned reasons, the petition is allowed-in-part. The complaint against the petitioner insofar as offence under Section 69 of the BNS, 2023 is quashed."

It further directed:

"There shall be investigation relating to the other offences alleged. Based on the investigation, an appropriate report will have to be filed by the Investigating Agency."

The Court also clarified:

"It is made clear that the observations made in this order should not be construed as having reflected anything on the allegations against accused No.1, who is not party to this proceeding."

The Court left all other contentions raised by the petitioner open.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Section 69 BNS Doesn't Apply to Women: Sexual intercourse on a false promise of marriage under Section 69 BNS cannot be charged against a woman, the Karnataka High Court ruled.
• Wife Gets Relief, Husband's Case Remains: The High Court quashed the Section 69 charge against the wife but did not decide the allegations against her husband.
• Married Man Accused of False Marriage Promise: Another woman alleged that the husband promised to marry her despite being legally married.
• Other Criminal Charges Still Under Investigation: Allegations of blackmail, criminal intimidation and sharing private photographs remain open for investigation.
• Gender-Specific Law, Serious Consequences for Men: Section 69 BNS targets specified sexual conduct by men. A man's criminal liability must still be established through evidence, not allegations alone.