Bharatiya Nyaya Sanhita, 2023
BNS Section 81
Cohabitation caused by man deceitfully inducing belief of lawful marriage
In one line
BNS Section 81 deals with cohabitation caused by man deceitfully inducing belief of lawful marriage and replaces IPC 493.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 81 | A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. | Imprisonment for 10 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 81
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.
Frequently asked
What was BNS Section 81 in the IPC?
BNS Section 81 (Cohabitation caused by man deceitfully inducing belief of lawful marriage) replaces Section 493 of the Indian Penal Code, 1860. IPC 493 is now BNS 81.
What is the punishment under BNS 81?
A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohabit with him in that belief – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 81 bailable?
Non-bailable: BNS 81. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 76 — Assault or use of criminal force to woman with intent to disrobe
- BNS 77 — Voyeurism
- BNS 78 — Stalking
- BNS 79 — Word, gesture or act intended to insult modesty of a woman
- BNS 80 — Dowry death
- BNS 82 — Marrying again during lifetime of husband or wife
- BNS 83 — Marriage ceremony fraudulently gone through without lawful marriage
- BNS 84 — Enticing or taking away or detaining with criminal intent a married woman
- BNS 85 — Husband or relative of husband of a woman subjecting her to cruelty
- BNS 86 — Cruelty defined