Karnataka High Court orders release of man booked under Section 69 BNS; says such cases are ‘mushrooming’

The Karnataka High Court on directed the release of a man accused of having sexual intercourse by “deceitful means” under Section 69 of the Bharatiya Nyaya Sanhita (BNS), observing that such cases were increasingly being registered despite the existence of consensual relationships.

The FIR was registered after the complainant alleged that the accused had physical relations with her on a false promise of marriage. The petitioner’s counsel submitted that the parties had met on the dating application Bumble and had a consensual physical relationship for over a year before the complaint was filed.

During the hearing, the Court orally remarked that cases under Section 69 BNS were “becoming rampant” and that FIRs were being lodged after the breakdown of consensual relationships.

Justice M. Nagaprasanna observed that the present case was a “classic illustration” of misuse of the provision and stayed further proceedings against the petitioner.

The Court further noted that despite the offence being punishable with imprisonment up to ten years, the accused ought not to have been taken into custody in a case arising from a purely consensual relationship. Accordingly, the Court directed jail authorities to release the petitioner forthwith, subject to conditions.