BNS Section 84 : Enticing or Taking Away or Detaining With Criminal Intent a Married Woman
Section 84 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section deals with the criminal act of enticing, taking away, or detaining a married woman with criminal intent, without her consent, and often with the purpose of causing harm or disruption in her marriage.
Definition of BNS Section 84
Section 84 of the BNS 2023 States:
Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation and Illustration of Section 84 (Bharatiya Nyaya Sanhita, 2023)
The information describes an offense under the Bharatiya Nyaya Sanhita (BNS) or similar legal frameworks. It criminalises actions that involve taking, enticing, concealing, or detaining a married woman with the intent of engaging her in illicit intercourse with any person.
Key Elements of the Offense:
Punishment: The offense carries a punishment of imprisonment for up to two years, a fine, or both. The severity of the punishment reflects the harm caused to the woman's dignity, marital bond, and societal norms.
Explanation: This provision aims to safeguard the sanctity of marriage and protect women from exploitation or coercion. By focusing on the offender's knowledge and intent, the law ensures that accidental or misunderstood actions are not penalised. At the same time, it upholds the rights and autonomy of married women by criminalising wrongful interference in their marital relationships.
Real-life Example of Section 84
A man knowingly lures a married woman away from her husband with the intent to have an illicit relationship with her. He takes her to a secluded location, hides her, or keeps her detained, all with the purpose of engaging in unlawful sexual activity. In this case, the man could be arrested and punished under Section 84 of the Bharatiya Nyaya Sanhita, facing imprisonment for up to two years, a fine, or both.
Key Points of BNS Section 84
This section criminalises the act of taking or enticing a married woman with the intent that she may engage in illicit intercourse with another person.
Knowledge of Marital Status:
The perpetrator must know, or reasonably believe, that the woman is already married to someone else.
Intent:
The offense focuses on the intent behind the act, specifically the intent for the woman to engage in illicit relations. This intention could be:
Concealment or Detention:
Apart from taking or enticing, the section also penalises the concealment or detention of a married woman to facilitate illicit relations. This includes situations where a person hides or restrains a married woman, preventing her from returning to her husband or family, with the intent of enabling illicit relations.
Punishment:
The offense is punishable by up to two years of imprisonment, a fine, or both. This highlights that even if the intended act does not occur, the act of taking, enticing, concealing, or detaining with such intent is a punishable offense.
Differences Between Section 84 of BNS 2023 and its Equivalent IPC section
This section outlines the key differences between Section 84 and its equivalent Indian penal code IPC section 498 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 |
|---|---|---|---|
| 84 | Enticing or taking away or detaining with criminal intent a married Woman. | 498 | The words 'from that man or from any person having the care of her on behalf of that man' are excluded. |
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FAQs about Section 84 of the Bharatiya Nyaya Sanhita (BNS)
What is the punishment for the offense under Section 84?
The punishment includes imprisonment for a period of not less than three years, which may extend to seven years, along with a fine, depending on the severity of the crime and the circumstances.
Does Section 84 apply to all women?
Yes, Section 84 applies specifically to married women, protecting them from malicious actions intended to disturb or harm their marriage, regardless of the woman’s background or circumstances.
Can a married woman file a complaint under Section 84?
Yes, a married woman who has been enticed, taken away, or detained unlawfully can file a complaint with the police, initiating legal action under Section 84.
What role does consent play in Section 84?
Consent is critical. If a married woman is taken or detained against her will or under false pretenses, Section 84 applies. However, if the woman willingly leaves, the section may not be applicable.
Can the accused defend themselves under Section 84?
Yes, the accused may argue that the woman left voluntarily, without coercion, or that there was no criminal intent involved. The burden of proof lies with the prosecution.
What evidence is required to prove a case under Section 84?
Evidence such as witness testimonies, communications, or physical evidence of unlawful detention or abduction is crucial for proving an offense under this section.
Is Section 84 applicable if the woman is married under personal laws?
Yes, the section is applicable regardless of the woman's personal law, whether she is married under Hindu, Muslim, or other personal laws, as it pertains to marital status and unlawful interference.
