BNS Section 81

Section 81 of the Bharatiya Nyaya Sanhita (BNS), which replaces Section 493 of the Indian Penal Code, addresses the offense of cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Key Points of BNS-81:

1. Definition of the Offense:
 

• Deceptive Induction of Belief:
   

  • The offense defined under BNS-81 involves a man who deceitfully leads a woman to believe that she is legally married to him. This deceit is not merely about informal or misleading statements but involves inducing the belief that a lawful marriage exists.
     

• Cohabitation or Sexual Intercourse:
   

  • The offense is concerned with cases where the woman, under this false belief of being legally married, engages in cohabitation (living together as a couple) or sexual intercourse with the man. The deceitful belief in lawful marriage is central to the offense, and the woman's actions are based on this false assurance.
     

2. Key Elements of the Offense:
 

• Deceit:
   

  • The man must have used deceitful means to create the false belief of lawful marriage. This could involve fraudulent actions, misrepresentations, or falsified documents.
     

• Unlawful Marriage:
   

  • The woman involved is not lawfully married to the man. The offense addresses situations where the woman's belief is manipulated into thinking that a legal marriage exists when it does not.
     

• Belief in Lawful Marriage:
   

  • The woman's belief that she is legally married is a crucial element. The offense does not cover cases where the woman is aware of the marriage's illegitimacy but chooses to cohabit or engage in sexual relations.
     

3. Punishment for the Offense:
 

• Imprisonment:
   

  • The man convicted under BNS-81 faces imprisonment of either description (rigorous or simple) for a term that may extend up to ten years. This reflects the seriousness of deceit in matters of personal relationships and its legal repercussions.
     

• Fine:
   

  • In addition to imprisonment, the offender is also liable to pay a fine. The specific amount of the fine is not detailed but is subject to the court's discretion within legal limits.
     

Summary

BNS-81 addresses the offense of a man deceitfully inducing a woman to believe in a lawful marriage, leading her to cohabit or engage in sexual intercourse with him under false pretenses. It criminalizes such deceitful actions by providing substantial penalties, including up to ten years of imprisonment and a fine, to deter and address fraudulent manipulations of personal relationships. The offense focuses on protecting individuals from being misled into relationships based on false claims of legal marriage.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.