Kerala HC: Concealing Live-In Partner, Child From Fiancée Can Constitute Sexual Deception
What Happened
The Kerala High Court held that a man who concealed his existing live-in relationship and child from a woman he intended to marry could be prosecuted under Section 69 of the Bharatiya Nyaya Sanhita (BNS) for sexual intercourse by deceitful means. The Court observed that the woman's consent was allegedly obtained without disclosure of material facts that could have influenced her decision to enter the relationship, bringing the case within the ambit of the provision.
Key Takeaways
The ruling underscores that concealing significant personal circumstances, such as an existing live-in partner and child, may constitute "deceitful means" under Section 69 BNS, even if the accused later claims he remains willing to marry the woman.