Section 81 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 81 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of cohabitation caused by a man deceitfully inducing belief of lawful marriage. This provision criminalizes the act of a man misleading a woman into believing that they are lawfully married, thereby leading her to cohabit or engage in sexual intercourse with him under that false belief.
๐ Text of Section 81
Section 81: Cohabitation caused by man deceitfully inducing 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.
โ๏ธ Correspondence with Indian Penal Code (IPC)
Section 81 of the BNS, 2023, mirrors Section 493 of the Indian Penal Code (IPC), 1860, which similarly criminalizes the act of a man deceitfully inducing a woman to believe she is lawfully married to him, leading to cohabitation or sexual intercourse under that false belief. The BNS retains this provision to address such deceitful conduct.
๐ Key Elements of the Offense
Deceitful Inducement: The man intentionally deceives the woman, causing her to believe that she is lawfully married to him.
False Belief of Marriage: The woman, under the influence of this deceit, genuinely believes she is legally married to the man.
Cohabitation or Sexual Intercourse: The deception leads to either cohabitation or sexual relations, which would not have occurred without the fraudulent claim of marriage.
Punishment: If convicted under this section, the man may face imprisonment for up to ten years and a fine.
๐ Purpose and Protection
The purpose of this section is to protect women from being manipulated into false marriages for the purpose of exploitation, including sexual exploitation. It acknowledges that a deceptive act by a man, leading a woman to believe in a lawful marital relationship, is an abuse of trust and a form of legal and social misconduct.
By penalizing such behavior, the law seeks to uphold the integrity of lawful marriages and ensures that women are not subjected to deceitful or coercive relationships under the pretense of marriage
๐งพ Illustrative Example
If a man convinces a woman to live with him by falsely stating that they are married, and she believes him, this would constitute an offense under Section 81. The deception may include any form of fraudulent behavior, such as presenting false documents or using misleading religious or legal customs to create the impression of marriage.
In summary, Section 81 of the BNS, 2023, addresses the issue of a man fraudulently convincing a woman that they are married to justify cohabitation. This section is designed to safeguard against manipulative relationships that exploit legal or societal norms of marriage.
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