BNS Section 84 – Enticing or taking away or detaining with criminal intent a married woman
IPC Section – 498
Non Cognizable
punishable with imprisonment for two years, or with
fine or with both.
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.
Key Points of Section 84 of the Bharatiya Nyaya Sanhita (BNS)
Section 84 addresses the offense of taking, enticing, or detaining a married woman with the intent of engaging her in illicit intercourse with any person. Below are the key points and definitions related to this offense:
Offense of Taking or Enticing:
This section criminalizes the act of taking away or enticing a married woman, with the intent that she may engage in illicit intercourse with any person.
- The person committing the offense must know, or have reason to believe, that the woman is married.
Intent:
The core element of this offense is the intent to engage the woman in illicit intercourse. The intent can take one of two forms:
- The perpetrator’s own intention to have illicit intercourse with the woman.
- The intent to involve the woman in illicit intercourse with any person.
Concealing or Detaining:
The offense also covers cases where a person conceals or detains a married woman with the same intent of facilitating 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 for the purpose of facilitating illicit sexual relations.
Punishment:
The punishment for this offense includes:
- Imprisonment for up to two years, or
- A fine, or
- Both imprisonment and fine.
Even if the illicit intercourse does not take place, the mere act of taking, enticing, concealing, or detaining with the intent to involve the woman in illicit intercourse is punishable.
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 current place or her husband’s custody.
- Illicit Intercourse:
- Refers to unlawful or immoral sexual relations, particularly with someone other than the woman’s husband.
- The intent must be that the woman will engage in this type of intercourse.
- Concealing or Detaining:
- Concealing means hiding the woman’s whereabouts from her husband or family.
- Detaining means holding the woman back from returning to her lawful place of residence or her husband.
- Reason to Believe:
- This means the person committing the offense does not 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 with the intent to involve them in illicit intercourse. The section criminalizes not only the act of physically taking or detaining a woman but also any persuasion or inducement to leave her marital obligations, with the purpose of involving her in unlawful or immoral sexual relations.
Even if the illicit act does not occur, the intent to do so remains punishable, emphasizing the importance of safeguarding the sanctity of marriage and protecting women from exploitation.
Summary of Section 84:
- Offense: Enticing, taking, or detaining a married woman with criminal intent.
- Punishment: Imprisonment for up to 2 years, a fine, or both.
- Cognizable or Non-cognizable: Non-cognizable.
- Bailable or Non-bailable: Bailable.
- Court: Triable by any Magistrate.
