Section 84 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 84 of the Bharatiya Nyaya Sanhita (BNS), 2023 criminalizes the act of enticing, taking away, or detaining a married woman with the intent to facilitate illicit intercourse. This provision is largely consistent with the corresponding section in the Indian Penal Code (IPC), specifically Section 498.
📜 Text of Section 84 (BNS, 2023)
Section 84 – Enticing or taking away or detaining with criminal intent a married woman
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.
⚖️ Comparison with IPC Section 498
| Aspect | Section 84 (BNS, 2023) | Section 498 (IPC) |
|---|---|---|
| Offence | Enticing, taking away, or detaining a married woman | Enticing, taking away, or detaining a married woman |
| Knowledge Requirement | Offender must know or have reason to believe woman is married | Offender must know or have reason to believe woman is married |
| Intent | Intent for illicit intercourse with any person | Intent for illicit intercourse with any person |
| Punishment | Imprisonment up to 2 years, fine, or both | Imprisonment up to 2 years, fine, or both |
The primary difference lies in the phrasing: the IPC specifies that the woman is taken "from that man, or from any person having the care of her on behalf of that man," whereas the BNS omits this detail.
🧾 Legal Interpretation
Section 84 aims to protect the sanctity of marriage by penalizing individuals who interfere with a married woman's relationship through deceit or coercion. The focus is on the offender's intent and knowledge of the woman's marital status. This provision underscores the state's commitment to upholding marital bonds and deterring actions that could lead to social and familial discord
⚠️ Criticisms and Gender Perspectives
Some legal scholars argue that Section 84 reflects patriarchal values by emphasizing the protection of a husband's rights over the autonomy of the woman. Critics suggest that such provisions may inadvertently treat women as property, thereby undermining gender equality.
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