Introduction of Section 81 BNS
BNS 81 focuses on situations where a man deceitfully convinces a woman that she is legally married to him, leading her to live with or have sexual relations with him based on that false belief. This section is designed to protect women from being exploited by such deceptive practices.
- Introduction of Section 81 BNS
- What is section BNS Section 81 ?
- BNS Section 81 in Simple Points
- Section 81 BNS Overview
- BNS 81 Punishment
- BNS 81 bailable or not ?
- Bharatiya Nyaya Sanhita Section 81
- BNS Section 81 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section BNS Section 81 ?
BNS Section 81 makes it a crime for a man to deceive a woman into believing that she is legally married to him, leading her to cohabit or have sexual relations with him. If found guilty, the man can be punished with imprisonment of up to ten years and may also have to pay a fine.
BNS Section 81 in Simple Points
False Marriage Deception
This law applies when a man deliberately deceives a woman into believing that she is his lawful wife, even though no valid marriage exists. By criminalizing such deception, the law protects women from being misled into relationships that are based on lies.
Living Together Based on Lies
The section also covers situations where a woman, under the false belief of being married, agrees to live with the man or enter into a relationship with him. This ensures that women are not tricked into giving consent or cohabiting under fraudulent circumstances.
Punishment Includes Jail
The offence is treated very seriously, with the guilty man facing imprisonment of up to ten years. This heavy punishment reflects the gravity of betraying a woman’s trust in such an intimate and personal matter.
Financial Penalty
In addition to imprisonment, the man may also be required to pay a fine. This financial penalty acts as both an added punishment and a deterrent against such fraudulent acts.
Protection of Women’s Rights
The core purpose of this law is to safeguard women’s dignity and rights by preventing exploitation under the false pretense of marriage. It ensures that a woman’s trust cannot be used as a tool for deceit, giving her stronger legal protection in such situations.
Section 81 BNS Overview
BNS Section 81 is a legal provision that addresses the crime of deceitfully inducing a woman to believe she is lawfully married to a man, leading her to live with or have a physical relationship with him. This section ensures that women are protected from such deceptive acts and provides for significant penalties to deter such behavior.
BNS Section 81 – 10 Key Points Explained
1. Deceitful Marriage Claim
This section applies when a man falsely convinces a woman that she is his lawful wife. Such deceit can lead her to believe she has a legitimate marital relationship, even when it is legally invalid. This law ensures that fraudulent marriage claims are treated as a criminal act.
2. Cohabitation Under False Belief
It covers situations where, based on this false belief, a woman begins living with the man or engaging in sexual relations with him. The law recognizes that such deceit has a deep and long-lasting impact on a woman’s dignity, future, and social standing.
3. Imprisonment Penalty
If the man is proven guilty, he can face imprisonment for up to ten years. This long prison term shows the seriousness with which the law views such acts of betrayal and fraud.
4. Fine Penalty
Apart from imprisonment, the offender can also be ordered to pay a fine. The financial burden adds another layer of punishment and serves as a deterrent against such acts of deception.
5. Non-Cognizable Offence
This offence is classified as non-cognizable, which means that police cannot arrest the accused without the permission of the court. This ensures that judicial oversight is present before any action is taken, balancing fairness with protection for the victim.
6. Non-Bailable Offence
BNSS Section 81 is non-bailable, which means the accused does not have the automatic right to bail. Instead, bail can only be granted at the discretion of the court, ensuring that the accused is carefully scrutinized before being released.
7. Tried by Magistrate
Cases under this section are tried by a Magistrate of the First Class, who has the authority to handle serious offences of this nature. This ensures that the matter is judged by a senior judicial officer capable of giving due importance to the victim’s rights.
8. Protection of Women
The main objective of this law is the protection of women from deceit and exploitation. It ensures that women cannot be tricked into unlawful relationships under the false pretense of marriage, safeguarding both their dignity and their legal rights.
9. Deterrent Effect
The strict punishments under this law—up to 10 years of imprisonment and fines—act as a strong deterrent. They discourage individuals from attempting such fraudulent actions, thereby reducing instances of false marriage claims.
10. Application in Real Life
This section has wide application in cases where women are deceived for personal, financial, or sexual exploitation under false claims of marriage. For example, if a man pretends to have married a woman through fake rituals or false documents, and she begins living with him under that belief, he can be punished under this section.
BNS 81 Punishment
Imprisonment: The man can be sentenced to up to ten years in prison for deceiving a woman into believing she is lawfully married to him.
Fine: Along with imprisonment, the man can also be fined as part of the punishment for the offence.
BNS 81 bailable or not ?
BNS Section 81 is non-bailable, meaning the accused does not have the right to bail automatically and must apply to the court for bail.
Bharatiya Nyaya Sanhita Section 81
| Offence | Definition | Punishment | Cognizable/Non-Cognizable | Bailable/Non-Bailable | Triable By |
|---|---|---|---|---|---|
| Deceiving a woman into believing she is married | A man deceitfully convinces a woman she is lawfully married to him and cohabits or has intercourse with her | Up to 10 years imprisonment and fine | Non-Cognizable | Non-Bailable | Magistrate of the First Class |
The Bharatiya Nyaya Sanhita (BNS) Section 81 replaces the old Indian Penal Code (IPC) Section 493.
BNS Section 81 FAQs
What does BNS Section 81 cover?
BNS Section 81 deals with situations where a man deceives a woman into believing she is lawfully married to him, leading to cohabitation or sexual relations.
What is the punishment under BNS Section 81?
The punishment can be imprisonment for up to ten years and a fine.
Is BNS Section 81 a bailable offence?
No, it is a non-bailable offence.
What is the main purpose of BNS Section 81?
The section aims to protect women from being misled into unlawful relationships through deceitful claims of marriage.
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