Karnataka High Court Flags Misuse of Section 69 BNS to Criminalise Consensual Relationships

The Karnataka High Court cautioned against the growing misuse of Section 69 of the Bharatiya Nyaya Sanhita, 2023, to criminalise consensual sexual relationships after breakups.

Justice M. Nagaprasanna observed that such cases are “mushrooming” before the Court, where allegations of false promise of marriage are invoked once relationships sour.

Granting interim relief, the Court stayed investigation and ordered the accused’s release from custody, noting that the relationship appeared consensual.

It also expressed concern over routine arrests in such cases merely because the offence carries a maximum sentence of ten years.