Section 69 BNS is non-bailable, but can police arrest a man without a warrant? Know the arrest rules under Section 35 BNSS, anticipatory bail rights and Supreme Court rulings.
NEW DELHI: A relationship ends. A woman alleges that the man entered into a physical relationship with her on a false promise of marriage. What began as a personal dispute could now become a serious criminal case under Section 69 of the Bharatiya Nyaya Sanhita (BNS), carrying a punishment of up to 10 years in prison and a fine.
For the accused man, the immediate concern is not just the criminal trial but the possibility of arrest. Can police arrest him merely because an FIR has been registered? Do they need a warrant? Can he seek anticipatory bail before being taken into custody?
Section 69 BNS is a cognizable and non-bailable offence. This means police can arrest an accused without a warrant when the legal conditions are satisfied. However, registration of an FIR does not automatically justify arrest, and a non-bailable offence does not mean bail is impossible.
Read Also:- Section 69 BNS And Revenge | No Marriage, FIR Filed: The New Legal Risk for Indian Men
Under Section 35 BNSS, police must have the legally required grounds to exercise their arrest powers. An accused may also seek anticipatory bail under Section 482 BNSS to protect himself against arrest.
Understanding these legal safeguards is crucial because a failed relationship is not automatically a criminal offence, and an allegation is not proof of guilt.
IS SECTION 69 BNS BAILABLE OR NON-BAILABLE?
Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, which came into force on 1 July 2024, deals with sexual intercourse obtained through deceitful means or a promise of marriage made without any intention of fulfilling it, where the act does not amount to rape.
Read Also:- https://69bns.org/false-rape-case-refusal-to-marry-legal-rights/
The law also covers deceitful means such as false promises of employment or promotion and marrying by suppressing one’s identity.
A person convicted under Section 69 BNS can face up to 10 years of imprisonment and a fine.
Under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 69 is classified as follows:
| Legal provision | Classification |
| Nature of offence | Cognizable |
| Bail status | Non-bailable |
| Maximum punishment | 10 years’ imprisonment and fine |
| Trial court | Court of Session |
| Anticipatory bail | Available, subject to court discretion |
What does non-bailable mean under Section 69 BNS?
Non-bailable does not mean that a man must remain in jail until the trial ends. It means bail is not an automatic right and must be granted by the competent court.
Since Section 69 BNS is a cognizable offence, police can register an FIR and arrest an accused without a warrant when the legal conditions for arrest are satisfied.
Read Also:-Difference Between Rape Law and Section 69 BNS: Legal Confusion Explained
However, registration of an FIR does not make arrest compulsory.
An accused man has two important legal remedies:
- Anticipatory Bail (Section 482 BNSS): A man apprehending arrest can approach the Sessions Court or High Court for protection against arrest.
- Regular Bail: If arrested, the accused can apply for bail before the competent court under the applicable BNSS provisions.
Courts examine the nature of allegations, available evidence, investigation requirements and other relevant circumstances before deciding bail.
Importantly, a failed relationship or an unfulfilled marriage promise does not automatically establish an offence under Section 69 B of the BNSS. The prosecution must establish the ingredients of the offence, including the alleged deception or absence of intention to marry from the beginning, as applicable.
The key distinction is simple: Section 69 BNS is non-bailable, but bail is legally available, and arrest is not automatic merely because a woman has filed an FIR.
CAN POLICE ARREST A MAN WITHOUT A WARRANT UNDER SECTION 69 BNS?
Yes. Since Section 69 BNS is a cognizable offence, police have statutory authority to arrest without first obtaining a judicial warrant.
But there is an important distinction between having the power to arrest and having sufficient legal grounds to exercise that power.
When can police arrest under section 35 BNSS?
Section 35(1)(c) BNSS permits warrantless arrest where police receive credible information that a person has committed a cognizable offence punishable with imprisonment exceeding seven years and have reason to believe, based on that information, that the person committed it.
Section 69 carries a maximum sentence of ten years and therefore falls within this category.
Consequently:
- Police do not need a prior arrest warrant where Section 35 authorises the arrest.
- Registration of an FIR does not make arrest compulsory.
- Police must have the legally required basis for arrest.
- An accused can challenge unlawful arrest before the competent court.
Does the seven-year arrest protection apply to Section 69?
The safeguards requiring police to establish specified grounds of necessity under Section 35(1)(b) BNSS concern offences punishable up to seven years.
Because Section 69 carries a maximum punishment of ten years, an accused cannot assume that those identical safeguards automatically apply.
However, Section 35(3) BNSS provides for a notice of appearance where arrest is not required under Section 35(1).
When such a notice is issued, compliance is important. Under Section 35(5), a person complying with the notice cannot ordinarily be arrested for that offence unless the officer records reasons for considering arrest necessary.
SUPREME COURT: POLICE MUST DISCLOSE GROUNDS OF ARREST
One of the most important safeguards for men facing criminal allegations comes from the Supreme Court’s judgment in Mihir Rajesh Shah v. State of Maharashtra, 2025 INSC 1288, decided on 6 November 2025.
A Bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih addressed the constitutional requirement to inform an arrested person of the grounds of arrest.
The Court held that this protection applies to offences under all statutes, including the BNS.
The judgment requires written grounds of arrest in a language the arrested person understands.
Where exceptional circumstances make immediate written communication impractical, grounds may initially be conveyed orally. However, written grounds must subsequently be supplied within a reasonable time and at least two hours before production for remand.
Non-compliance renders the arrest and subsequent remand illegal.
SUPREME COURT GRANTS ANTICIPATORY BAIL IN SECTION 69 BNS CASE
A significant example is Praveen Manik Kadam v. State of Maharashtra & Anr., Supreme Court order dated 7 January 2026.
The accused faced an FIR under Section 69 BNS, alongside other BNS provisions and Section 66E of the Information Technology Act.
The Bombay High Court had rejected his anticipatory bail application.
What happened during the Supreme Court hearing?
Before Justices B.V. Nagarathna and Ujjal Bhuyan, the accused’s counsel argued that the parties had been in a consensual relationship that had subsequently ended.
The State opposed bail, citing a blue-corner notice, a non-bailable warrant, proclamation proceedings, and a lookout notice.
The complainant’s counsel also opposed relief, maintaining that the allegations were serious.
After considering the submissions, the Supreme Court granted anticipatory bail under Section 482 BNSS, subject to security and cooperation with the investigation.
The Court also directed that specified notices and the proclamation order be kept in abeyance.
The significance: Even where Section 69 BNS is invoked and arrest-related proceedings have begun, anticipatory bail remains legally available.
The order granted protection against arrest; it did not acquit the accused or declare the complaint false.
KARNATAKA HIGH COURT GRANTS BAIL TO MAN ACCUSED UNDER SECTION 69 BNS
In Sri Mohammed Ayan v. State of Karnataka, 2026:KHC:55046, decided on 1 October 2026, Justice S. Vishwajith Shetty examined a bail application arising from a false-promise-of-marriage allegation.
The complainant’s statement indicated that sexual intercourse had occurred before the alleged marriage promise.
The Court also considered that the investigation was complete, the chargesheet had been filed and the accused had no previous criminal record.
The Karnataka High Court granted regular bail on a personal bond of ₹1 lakh with two sureties, subject to conditions.
The decision shows why the timing of an alleged marriage promise, investigation status and individual circumstances can matter in bail proceedings.
However, bail did not terminate the criminal case or establish innocence.
SUPREME COURT: A BROKEN MARRIAGE PROMISE IS NOT AUTOMATICALLY DECEPTION
In Kunal Rameshbhai Kalyani v. State of Gujarat, 2026 INSC 987, decided on 7 September 2026, the Supreme Court quashed a Section 69 BNS FIR.
The accused had allegedly refused marriage because his mother did not approve of the relationship.
Justices J.B. Pardiwala and K. Vinod Chandran examined the complaint and found that it failed to disclose the necessary deceitful inducement.
The Court distinguished a genuinely intended marriage promise that subsequently failed from one made without any intention of fulfilment.
The legal principle: A subsequent breakup or refusal to marry cannot, by itself, establish the ingredients of Section 69 BNS.
This ruling concerns quashing of criminal proceedings, not bail. Both remedies serve different purposes.
HOW CAN A MAN AVOID UNNECESSARY ARREST UNDER SECTION 69 BNS?
Since Section 69 BNS is cognizable and non-bailable, police can arrest a man without a warrant when the legal conditions are satisfied. However, registration of an FIR does not make arrest compulsory.
A man accused under Section 69 BNS can take the following legal steps to protect his rights:
- Apply for Anticipatory Bail: Under Section 482 BNSS, an accused who reasonably fears arrest can approach the Sessions Court or High Court for anticipatory bail. Granting bail depends on the facts and circumstances of the case.
- Cooperate With Police Investigation: If police issue a notice under Section 35 BNSS, comply with its lawful directions. Keep copies of the notice and proof of attendance. Cooperation can help establish that the accused is not avoiding the investigation.
- Preserve Evidence of the Relationship: Save genuine WhatsApp chats, call records, marriage discussions, emails and other relevant evidence. Such records may help establish whether the marriage promise was genuine or allegedly made with dishonest intentions from the beginning.
- Know Your Rights During Arrest: Under Sections 35, 36, 47 and 48 BNSS, police must follow applicable arrest procedures, including informing the accused of the grounds of arrest and notifying a relative or nominated person as required by law. An unlawful arrest can be challenged before the competent court.
- Seek Regular Bail or FIR Quashing: If arrested, the accused may apply for regular bail. Where the allegations do not disclose the essential ingredients of an offence or proceedings amount to an abuse of legal process, he may approach the High Court under Section 528 BNSS to seek quashing.
A Section 69 BNS FIR does not automatically mean arrest or imprisonment. However, neither anticipatory bail nor FIR quashing is guaranteed. Timely legal action, cooperation with the investigation and preservation of genuine evidence are crucial to protecting an accused man’s rights.
CONCLUSION
Section 69 BNS is cognizable and non-bailable, meaning police can arrest a man without a warrant when the legal conditions are satisfied. However, an FIR does not automatically justify arrest, and the accused has the right to seek anticipatory bail under Section 482 BNSS.
The police must follow the applicable safeguards under Section 35 BNSS, while courts must examine the allegations and evidence before deciding on bail.
A failed relationship does not automatically amount to a criminal offence, and a promise of marriage that could not be fulfilled is not necessarily a false promise made from the beginning.
For men facing allegations under Section 69 BNS, understanding their legal rights and acting promptly can be crucial.
An accusation is not a conviction. A non-bailable FIR should never become a punishment before trial.
FAQs
- Is Section 69 BNS bailable or non-bailable?
Non-bailable, but courts can grant bail.
- Can police arrest a man immediately after a Section 69 FIR?
Yes, without a warrant, if the conditions for arrest are met.
- Can a man avoid arrest under Section 69 BNS?
He can seek anticipatory bail under Section 482 BNSS.
- Is a Section 35 BNSS police notice mandatory?
Not before every arrest. It applies when arrest is not required.
- Can a false promise of marriage FIR be quashed?
Yes, if the High Court finds sufficient legal grounds under Section 528 BNSS.
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