BNS Section 84

BNS Section 84 deals with the offense of enticing or taking away or detaining a married woman with criminal intent.

Section 84 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of taking or enticing a married woman with the intent of engaging her in illicit intercourse with any person. Below are the key points and definitions you need to understand:

Key Points:
Offense of Taking or Enticing:

This section criminalizes the act of taking away or enticing any woman who is married, with the intent that she may engage in illicit intercourse with any person.

The perpetrator must know or have reason to believe that the woman is married to another man.

Intent:

• The central element of this offense is the intent that the woman may have illicit intercourse. The intent can be either:
• The man’s own intention to have illicit intercourse with the woman.
• The intention to have the woman engage in illicit intercourse with any person.

Concealing or Detaining:

• In addition to taking or enticing, the section also covers the act of concealing or detaining a married woman with the same intent of illicit intercourse.
• This includes situations where a person hides or keeps a married woman in custody, preventing her from returning to her husband or family, with the intention of facilitating illicit sexual relations.

Punishment:

• The punishment for this offense is imprisonment for a term that may extend up to two years, or a fine, or both.
• The punishment emphasizes that even if the intent is not carried out, the mere act of taking, enticing, concealing, or detaining with such intent is a crime.

Important Definitions:
Taking or Enticing Away:

• "Taking" refers to physically moving or transporting the woman from one place to another.
• "Enticing" refers to persuading, luring, or inducing the woman to leave her place or her husband's custody.
• Illicit Intercourse:

The term refers to sexual relations that are unlawful or immoral, particularly with someone who is not the woman's husband.
The intent must be that the woman engages in this type of intercourse.

Concealing or Detaining:
Concealing means hiding the woman so that her whereabouts are unknown to her husband or family.
Detaining means holding her back from returning to her lawful place of residence or her husband.

Reason to Believe:
This implies that the person committing the offense does not necessarily need to have actual knowledge of the woman's marital status but must have reason to believe that she is married to another man.

Explanation:
Section 84 is designed to protect married women from being taken, enticed, concealed, or detained by any person who intends to involve them in illicit intercourse. The section criminalizes not only the physical act of taking or detaining but also any form of persuasion or enticement that leads a woman away from her marital obligations, with the purpose of involving her in immoral sexual activities.

Understanding this section highlights the importance of protecting the sanctity of marriage and ensuring that married women are not exploited or coerced into illicit relationships. Even if the illicit act does not happen, the intention behind such actions is punishable.

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