BNS Section 81 : Cohabitation Caused by Man Deceitfully Inducing Belief of Lawful Marriage
Section 81 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section addresses cases where a man deceitfully induces a woman to cohabit with him by making her believe that they are lawfully married, even though they are not.
Definition of BNS Section 81
Section 81 of the BNS 2023 States:
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.
Explanation and Illustration of Section 81 (Bharatiya Nyaya Sanhita, 2023)
This provision criminalises deceitful conduct by a man who misleads a woman into believing that she is lawfully married to him, resulting in cohabitation or sexual intercourse under that false belief. The law aims to protect women from exploitation and deception in relationships.
Key Elements of the Offense:
Punishment:
The offender is subject to imprisonment of up to ten years and a fine. This stringent penalty reflects the seriousness of the offense, given the emotional, social, and legal harm it causes to the victim.
Explanation:
Example:
A man tells a woman that they have been legally married through a religious ceremony at his house, though no legal marriage took place. The woman, trusting him, lives with him and has sexual relations, believing they are married. Once it is proven that the man lied about their marriage, he could be punished under the law with imprisonment for up to ten years and may also be fined for his fraudulent actions.
Key Points of BNS Section 81
The offense outlined in BNS-81 involves a man who deceitfully convinces a woman that she is legally married to him. This deceit goes beyond casual misleading statements and involves making her believe that a lawful marriage exists.
1. Cohabitation or Sexual Intercourse: The offense applies when the woman, under the false belief of being legally married, engages in cohabitation or sexual intercourse with the man. The deceit regarding the legal status of their marriage is central to the offense, influencing the woman's actions.
2. Key Elements of the Offense:
3. Punishment for the Offense:
Differences Between Section 81 of BNS 2023 and its Equivalent IPC section
This section outlines the key differences between Section 81 and its equivalent Indian penal code IPC section 493 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 81 | Cohabitation caused by man deceitfully inducing belief of lawful marriage. | 493 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 81 of the Bharatiya Nyaya Sanhita (BNS)
Can a woman file a complaint under Section 81?
Yes, a woman can file a complaint if she has been deceived into cohabitation under the false belief of lawful marriage.
What evidence is required to prove the offense?
Evidence may include false marriage certificates, witness testimonies, or proof of misrepresentation by the man to establish the deceit.
Does Section 81 apply to cases of consensual relationships?
No, Section 81 applies only when the woman’s consent to cohabitation was obtained through deceit about a lawful marriage, not in purely consensual relationships.
Are there Protections against misuse of Section 81?
Yes, courts carefully evaluate evidence to ensure the section is not misused, requiring clear proof of deception and the woman’s belief in a lawful marriage.
Can the accused defend themselves under Section 81?
The accused can argue that no deception occurred, or that the woman was aware of the absence of a lawful marriage, as part of their defense.
How does Section 81 protect women’s rights?
Section 81 ensures women are not exploited or deceived in personal relationships, reinforcing their right to dignity and trust in interpersonal commitments.
Does Section 81 apply to all religions and communities?
Yes, the section applies universally, regardless of religion or community, ensuring protection against deceit in marital matters across all groups.
