Section 81 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 81 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of cohabitation induced by deceit, specifically when a man falsely convinces a woman that they are lawfully married, leading her to engage in sexual intercourse under that belief.
Key Provisions of Section 81
Offense Description: This section criminalizes the act of a man who, by deceit, causes a woman—who is not lawfully married to him—to believe that she is lawfully married to him and, in that belief, to cohabit or have sexual intercourse with him.
Punishment: The offender shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Section 81 of the BNS, 2023, is similar to the now-repealed Section 493 of the Indian Penal Code (IPC), which dealt with the same offense. The BNS, 2023, consolidates and updates various provisions, including those related to offenses against women, providing a more comprehensive and modern legal framework.
Purpose and Protection
The primary aim of this provision is to protect individuals from exploitation and deceit, ensuring that consent obtained under false pretenses is not legally valid. It upholds the integrity of lawful marriages and safeguards individuals from being manipulated into relationships based on fraudulent beliefs.
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