Whether Concealment of Parallel Relationships and False Assurance

Dear Client,

Under Section 69 of the Bharatiya Nyaya Sanhita, 2023, a man’s concealment of simultaneous relationships, coupled with a false assurance that the woman is his only partner, may amount to “deceitful means”, but only if it is shown to be a material misrepresentation that directly induced her consent to sexual intercourse.

Although the provision does not expressly include suppression of facts, courts are likely to interpret “deceit” broadly to cover intentional false statements and deliberate concealment, provided there is clear evidence that exclusivity was a decisive factor for the woman and that she would not have consented had she known the truth.

In the absence of a promise of marriage, the threshold of proof becomes stricter, and unless the prosecution establishes mens rea, materiality, and a clear causal link between the deception and the consent, the conduct may be treated as a breach of trust or moral wrong rather than a criminal offence.