Section 84 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 84 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of enticing, taking away, or detaining a married woman with criminal intent. This provision is similar to Section 498 of the Indian Penal Code (IPC), 1860, and aims to protect the sanctity of marriage and prevent actions that may lead to illicit relationships.
๐ Text of Section 84
โWhoever 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.โ
โ๏ธ Legal Implications
Offense Nature: This is a cognizable offense, meaning the police have the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court.
Punishment: The offense is punishable with imprisonment of either description (simple or rigorous) for a term which may extend to two years, or with a fine, or with both.
Cognizance: No court shall take cognizance of this offense except upon a police report of facts which constitute such offense or upon a complaint made by the person aggrieved by the offense or by her father, mother, brother, sister, or by her father's or mother's brother or sister, or with the leave of the court, by any other person related to her by blood, marriage, or adoption.
๐ Comparison with IPC Section 498
Section 84 of the BNS is equivalent to Section 498 of the IPC, 1860. Both provisions criminalize the act of enticing, taking away, or detaining a married woman with the intent to facilitate illicit intercourse. The punishment under both sections is similar, emphasizing the protection of the marital relationship and the prevention of actions that may lead to its disruption.
๐งพ Illustrative Example
If an individual persuades a married woman to leave her husband with the intention of engaging in an illicit relationship, such an act would fall under the purview of Section 84 of the BNS, 2023. The person could be subject to imprisonment for a term which may extend to two years, or a fine, or both.
๐ Additional Information
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is bailable, implying that the accused has the right to be released on bail.
Triable by: Any Magistrate.
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