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Concealing Identity, Having Intercourse Under False Promise Of Marriage Could Land Violator In Jail Up To 10 Years: New Bill In Parliament

Union Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, to replace the Indian Penal Code (IPC) of 1860, in Lok Sabha.

Union Home Minister Amit Shah in Pune.
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Marrying a woman by concealing identity or having intercourse under false promise of marriage, promotion and employment will attract up to 10-year imprisonment.

The bill in this regard has been introduced in Parliament, which proposes a specific provision to deal with these offences for the first time.

Union Home Minister Amit Shah introduced the Bharatiya Nyaya Sanhita (BNS) Bill, to replace the Indian Penal Code (IPC) of 1860, in Lok Sabha and said a special focus has been given to provisions related to crimes against women, PTI reported.

"Crime against women and many social problems faced by them have been addressed in this bill. For the first time, intercourse with women under the false promise of marriage, employment, promotion and false identity will amount to a crime," he said, as per the report.

It said while courts have dealt with cases of women claiming rape on the basis of breach of promise of marriage, there is no specific provision for this in the IPC.

The bill, which will now be examined by a Standing Committee, states: "Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the 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," it said.

It further states that "deceitful means" shall include the false promise of employment or promotion, inducement or "marrying after suppressing identity", the report mentioned.

The proposed bill has also made the crime of voyeurism gender neutral with a punishment of three to seven years, the report said.

Shah also said the changes were brought in to provide speedy justice and create a legal system that keeps contemporary needs and aspirations of the people, the report said.

"In all cases of gang rape, there will be punishment of 20 years to life imprisonment. In case of rape of girls less than 18 years of age, the punishment will be death," he said, as per the report.

The bill states that the crime of murder will invite death sentence or life imprisonment, crime of rape shall be punished with minimum 10 years of jail or imprisonment for life and gang rape will invite at least 20 years of imprisonment or imprisonment for the remainder of the convicted person's natural life, the report said.

According to the bills, if a woman dies after the rape or it causes the woman to be in a persistent vegetative state, the convict shall be punished with rigorous imprisonment for a term which 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, the report said.

It said whoever commits rape on a girl under 12 years of age shall be punished with rigorous imprisonment for a term which 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, and with fine or with death.

It added anyone who commits rape shall be punished with rigorous imprisonment of not less than 10 years, but which may extend to imprisonment for life, and shall also be liable to fine.

The report said if a police officer or public servant or member of the armed forces commits rape, he shall be punished with rigorous imprisonment for a term which shall not be less than 10 years, but which may extend to imprisonment for life.
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