BNS Section 81 – Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
IPC Section – 493
Non Cognizable
punishable with imprisonment for ten years and fine.
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:
- Definition of the Offense: Deceptive Induction of Belief: The offense under BNS-81 occurs when a man deceives a woman into believing that she is legally married to him. This is not just about misleading words, but about making her believe that a lawful marriage exists, when it does not. Cohabitation or Sexual Intercourse: The offense is concerned with cases where the woman, under the false belief of being legally married, lives with the man as a couple or engages in sexual relations with him. Her actions are based on the false belief that they are legally married.
- Key Elements of the Offense: Deceit: The man must have used deceit to create this false belief of a lawful marriage. This could involve lies, fake documents, or other fraudulent actions. Unlawful Marriage: The woman is not legally married to the man. The offense deals with situations where the woman is misled into thinking that there is a legal marriage, even though there is none. Belief in Lawful Marriage: The woman must truly believe she is legally married. If the woman knows the marriage is not legal but still chooses to live with the man, this offense does not apply.
- Punishment for the Offense: Imprisonment: The man found guilty under BNS-81 can be imprisoned for up to ten years. The punishment reflects the seriousness of deceiving someone in such personal matters. Fine: Along with imprisonment, the man may also be required to pay a fine. The exact amount of the fine is decided by the court within legal limits.
Summary:
BNS-81 deals with the crime of a man deceiving a woman into believing she is legally married to him, which leads her to live with him or have sexual relations based on that false belief. The law imposes severe penalties for this deceit, including up to ten years in prison and a fine. It aims to protect people from being manipulated into relationships by false claims of legal marriage.
