The complainant against the petitioner in this case was also a woman. She filed a complaint stating that she had sexual intercourse with the petitioner husband.

Recently, Karnataka High Court said that a woman cannot be charged with the offence of sexual intercourse obtained by a deceitful means or false promise of marriage u/s 69 of Bharatiya Nyaya Sanhita (BNS), 2023.

While partially quashing the criminal proceedings against a woman under section 69, BNS, 2023 Justice Anant Ramanath Hegde observed:

“Admittedly, the petitioner is a women 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.”

The woman complainant in this case alleged that she had sexual relations with the petitioner’s husband. The husband had told her that he and his wife did not get along well and promised to marry the petitioner. Further, she alleged that the husband and wife took pictures and videos of her and shared them with third parties without her knowledge and threatened her/blackmail her.

The court quashed the proceedings in relation to the offence under Section 69, BNS against the petitioner woman. However, the court refused to quash the proceedings in relation to other offences. The Court added:

“In case, during the course of investigation if it is found that there is no data transfer by the petitioner or with the consent of the petitioner, then cannot be any charge sheet for the said offence against the petitioner.”