Code – Section 81 BNS
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
Explanation of Section 81 BNS
What Does This Section Cover?
- This law applies when a man deceives a woman into believing they are legally married and causes her to cohabit or have sexual relations with him under that false belief.
- The deception must be intentional and fraudulent.
- The law aims to protect women from being exploited under false marital promises.
Key Legal Aspects:
- Consent Based on Fraud is Invalid: If a woman consents to cohabitation believing she is lawfully married, but the marriage is fraudulent, the man is guilty.
- Punishment: Imprisonment up to ten years and a fine.
- Connection with Other Laws: This section is similar to cheating under Section 415 of BNS but focuses specifically on marriage fraud.
🔗 Read Section 415 BNS – Cheating
Illustrations
Example 1: Fake Marriage Ceremony
A man performs a fake marriage ritual and convinces a woman that they are legally married. She starts living with him as his wife. Later, she finds out that the marriage was never legally registered. This is punishable under Section 81 BNS.
Example 2: Concealment of First Marriage
A married man hides his first marriage and convinces another woman that she is his only wife. She starts cohabiting with him. Since the first marriage was never dissolved, he is guilty under Section 81 BNS.
Example 3: Forged Marriage Documents
A man shows fake marriage certificates to a woman to gain her trust and starts living with her. Later, she discovers the fraud. This falls under Section 81 BNS.
Common Questions and Answers on Section 81 BNS
1. Is Section 81 BNS a bailable offense?
- No, this is a non-bailable offense, meaning the accused cannot get bail easily.
2. What is the punishment under Section 81 BNS?
- Imprisonment up to 10 years.
- Fine as determined by the court.
3. Can a man be convicted if the woman later finds out about the fraud but continues to cohabit?
- If the woman continues cohabiting after knowing the truth, the man may not be convicted, as the fraud no longer influences her consent.
4. How is this different from Section 376 BNS (Rape)?
- Section 81 BNS deals with fraudulent marriage leading to cohabitation.
- Section 376 BNS covers rape, including cases where consent is obtained through false marriage promises.
5. Can a woman file a complaint under Section 81 BNS years after the fraud occurred?
- Yes, but legal delays can affect the case. Courts may consider evidence and circumstances before proceeding.
Conclusion
Section 81 of Bharatiya Nyaya Sanhita (BNS) is crucial in protecting women from fraudulent marriages and deceitful cohabitation. It ensures that men who misuse marriage as a tool for exploitation are punished severely.
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