Up to 10 Years in Prison Under New Bill For Marrying Woman Under False Identity

The Bharatiya Nyaya Sanhita (BNS) Bill, which would replace the Indian Penal Code (IPC) of 1860, was submitted in the Lok Sabha by Union Home Minister Amit Shah

. He said that clauses pertaining to crimes against women have received special attention.

In New Delhi: With a measure submitted on Friday proposing a specific provision to deal with these offenses for the first time, marrying a woman while hiding identity or engaging in sexual activity while under false promise of marriage, promotion, or employment will result in up to 10 years in jail.

The Bharatiya Nyaya Sanhita (BNS) Bill, which would replace the Indian Penal Code (IPC) of 1860, was submitted in the Lok Sabha by Union Home Minister Amit Shah. He said that clauses pertaining to crimes against women have received special attention.

“Crime against women and a number of the social issues that they encounter are addressed in this law. It would now be illegal to engage in sexual activity with women while making false promises of marriage, employment, promotion, or false identity, he added.

Although courts have dealt with cases where women claimed rape based on a broken marriage pledge, the IPC does not make any particular provisions for this.

According to the bill, which will now be reviewed by a standing committee, “Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.” The use of “deceitful means” is further defined as “marrying after suppressing identity” or making false promises of job or promotion.

According to senior criminal attorney Shilpi Jain, the absence of such a provision resulted in cases not being considered crimes and leaving room for a lot of interpretation on both sides.

Some people believed that the specific clause regarding “marrying after suppressing identity” was directed at interfaith marriages that took place under false identities, but Ms. Jain told PTI that was up for debate.

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The crucial element in this situation, according to her, is that the victim’s permission obtained under duress cannot be referred to as voluntary.

“Men who have sex with women after promising them marriage in our country exploit women, and it is a crime if the men at the time of the promise had no intention of getting married,”

However, Ms. Jain noted that it might not be the best course of action to combine the false promise of marriage with the promise of work or advancement in this circumstance.

“The promise of work or promotion cannot be compared to the promise of marriage since marriage is built on love and trust while employment or promotion promises are benefits that women accept in exchange for sex. It’s a partnership that both parties gain from.

“When a woman knows what she is getting into — that is, sex in exchange for employment or promotion — then it is not under deceitful or false promise,” she asserts.

Voyeurism is now a criminal that carries a three- to seven-year sentence and is no longer gender specific.

Mr Shah further stated that the modifications were made to deliver quick justice and to develop a legal system that reflects people’s current demands and aspirations.

“In all cases of gang rape, the penalty will range from 20 years to life imprisonment.” “If a girl under the age of 18 is raped, the punishment will be death,” he warned.

According to the bill, murder will result in a death sentence or life imprisonment, rape will result in a minimum of ten years in prison or life imprisonment, and gang rape will result in at least twenty years in prison or life imprisonment for the rest of the convicted person’s natural life.

The bills state that the offender shall be punished with rigorous imprisonment for a term that shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death if the victim of the rape dies as a result of the attack or develops a persistent vegetative state.

If a girl under the age of 12 is raped, the offender faces a minimum sentence of 20 years in prison, a maximum sentence of life in prison (meaning they will be imprisoned for the rest of their natural lives), a fine, or even the death penalty.

Rape offenders must serve a minimum of 10 years in a strict jail, but their sentences can go as long as life in prison. They must also pay a fine.

If a police officer, government employee, or anybody serving in the armed forces commits rape, they must be punished with strict imprisonment for a term that must not be less than 10 years but may go as far as life.