False Promises of Marriage as Sexual Exploitation: Evaluating Criminal Liability Under the Bharatiya Nyaya Sanhita, 2023
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False Promises of Marriage as Sexual Exploitation: Evaluating Criminal Liability Under the Bharatiya Nyaya Sanhita, 2023
Mansi Bajpai,
LLM, O.P. Jindal University, Sonipat, Haryana
ABSTRACT
The evolving socio-legal landscape in India calls for continual reform of criminal laws to more effectively address gender-based exploitation. The Bharatiya Nyaya Sanhita (BNS), 2023 marks a significant legislative shift by criminalizing sexual relations obtained through false promises of marriage—a gap long unaddressed under the Indian Penal Code (IPC). This provision seeks to safeguard the autonomy and dignity of women by recognizing such deception as a form of sexual exploitation, rather than mere breach of trust. This study critically analyses the legal contours, objectives, and enforceability of this newly codified offense, assessing its potential to serve as a deterrent and its broader implications for criminal jurisprudence on consent. Through an examination of key judicial precedents, comparative frameworks, and real case studies, the paper explores the evidentiary hurdles, potential for misuse, and societal biases that may influence enforcement. It further reflects on the need for interpretative clarity by courts and gender-sensitive law enforcement practices to ensure that the law does not become a tool of selective justice. Ultimately, this research contends that the BNS provision represents a progressive yet complex reform that could redefine the contours of justice for women, provided it is implemented with care, consistency, and constitutional safeguards.
KEYWORDS - Legal reform, Sexual exploitation, Women’s rights, Crimes against women, Victim protection, and justice.