#Section 69 Bharatiya Nyaya Sanhita

The Chhattisgarh High Court ruled that consensual relationships cannot be criminalized under Section 69 of the Bharatiya Nyaya Sanhita (BNS) unless there is proof of fraudulent intent from the very beginning. The Court dismissed the petition to quash the FIR, emphasizing that factual disputes over broken marriage promises must be resolved at trial, not through pre-trial quashing. This ruling clarifies the threshold for criminal liability in cases involving consensual relationships.

The Chhattisgarh High Court ruled that a consensual physical relationship formed after a woman’s desertion from her husband cannot be retroactively framed as sexual intercourse under false pretenses of marriage. This clarifies that Section 69 BNS requires proof of deceptive intent at the time of intercourse, not post-facto resentment over broken marriage promises - protecting individuals in informal unions from weaponized complaints.

The Chhattisgarh High Court has ruled that even where a consensual relationship exists prior to the complaint, it cannot be used to quash an FIR under Section 69 of the Bharatiya Nyaya Sanhita. The court emphasized that consent, delay, or prior acquittal in unrelated matters do not negate the prosecution’s prima facie case - trial remains the sole forum to examine credibility and intent, reinforcing that statutory sexual offences demand full evidentiary scrutiny.