In a case involving an alleged extramarital relationship, the Karnataka High Court has ruled that a woman cannot be booked under Section 69 of the Bharatiya Nyaya Sanhita (BNS) for having sexual intercourse with someone on a false promise of marriage.
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The case began when a woman alleged that she had a relationship with a married man who had promised to marry her, claiming that his relationship with his wife was not going well.
However, the complainant later alleged that the man and his wife had taken private photographs and videos of her and shared them with others without her consent. She also accused them of blackmailing her and filed a police complaint.
The man’s wife approached the High Court, seeking to quash the criminal proceedings against her.
The court, presided over by Justice Anant Ramanath Hegde, observed that Section 69 of the BNS could not be applied to the woman, as the provision specifically concerns a person having sexual intercourse with a woman through deceitful means or a false promise of marriage.
However, the court did not dismiss the other allegations against her. It directed that the allegations concerning the sharing of private photographs and videos be investigated further.
In simple terms, the court quashed the proceedings against the wife under Section 69 but allowed the investigation into the remaining alleged offences to continue.