Introduction of Section 81 BNS
BNS Section 81 is a new provision under the Bharatiya Nyaya Sanhita (BNS) that deals with cases where a man cheats a woman by making her believe she is legally married to him. Because of this false belief, the woman may start living with him or have a relationship with him. This law protects women from such cheating and ensures their dignity and trust are not misused.
Earlier, this offence was covered under IPC Section 493, and now it continues in the new BNS with the same punishment. The law clearly shows that false promises of marriage or fake rituals cannot be used to take advantage of a woman.
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.
Bharatiya Nyaya Sanhita Section 81
BNS Section 81 makes it a crime when a man cheats a woman into believing that she is lawfully married to him and, because of this false belief, she starts living with him or has sexual relations with him.
This provision corresponds to the old IPC Section 493, now restructured under the Bharatiya Nyaya Sanhita (BNS), 2023, to continue protecting women from fraud in the name of marriage.
1. Meaning of Section 81
BNS Section 81 punishes a man who:
- Falsely convinces a woman that she is his wife, even though no valid marriage exists.
- Induces her to cohabit with him or have sexual relations under that false belief.
The key point is that the woman’s consent is obtained through fraud and deceit, not through a lawful marriage.
2. Purpose of Section 81
The purpose of this section is to:
- Protect women from being cheated into relationships under false claims of marriage.
- Safeguard women’s dignity, trust, and social status.
- Ensure that men cannot misuse false rituals, fake documents, or lies to exploit women.
- Continue the protection previously given under IPC Section 493, ensuring smooth legal transition under the new law.
3. Essential Ingredients of Section 81
For this section to apply, these conditions must be met:
- Deception by the man – He makes a woman falsely believe she is his wife.
- False belief of marriage – The woman thinks she is legally married, though no valid marriage exists.
- Cohabitation/sexual relations – Based on that false belief, the woman lives with him or has physical relations.
- Mens rea (intention) – The man knowingly and deliberately deceives her for wrongful gain.
4. Punishment under BNS Section 81
- Imprisonment: Up to 10 years.
- Fine: Court may impose an additional fine.
- Nature of Offence:
- Non-bailable – Bail is not automatic; only the court can decide.
- Non-cognizable – Police need court’s permission before arrest.
- Triable by: Magistrate of the First Class.
5. Examples of Section 81 in Action
Example 1 (Fake Marriage Rituals):
A man performs fake marriage rituals to convince a woman that she is his lawful wife. She starts living with him under this belief. He is guilty under Section 81.
Example 2 (False Documents):
A man shows fake marriage certificates to a woman, tricking her into believing they are married. She cohabits with him. He can be punished.
Example 3 (Verbal Lies):
A man repeatedly lies to a woman that he married her secretly and convinces her to stay with him. The false belief makes him guilty under this section.
Example 4 (Exploitation):
A man deceives a woman into thinking she is his wife, only to exploit her financially or sexually. This is punishable under Section 81.
6. Importance of Section 81
BNS Section 81 is vital because it:
- Protects women from exploitation in the name of marriage.
- Ensures consent must be genuine and not based on fraud.
- Acts as a deterrent with strong punishment of up to 10 years.
- Replaces IPC 493 but retains the same protection, showing continuity in law.
- Promotes fairness, dignity, and justice for women in society.
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.
Comparison Between BNS 81 vs IPC 493
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 81 | When a man tricks a woman into believing she is legally married to him, and because of that lie she lives with him or has relations with him. | Jail up to 10 years + fine. | Non-Bailable (court decides on bail) | Non-Cognizable (police need court order to arrest) | Magistrate of the First Class |
| IPC Section 493 (Old) | Old law with the same meaning: a man cheats a woman into thinking she is his wife and makes her live with him or have relations with him under that false belief. | Jail up to 10 years + fine (same as BNS). | Non-Bailable | Non-Cognizable | 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.
Conclusion
BNS Section 81 is an important safeguard for women against fraud in the name of marriage. It makes sure that no man can take advantage of a woman by lying about being her lawful husband. With strict punishment of up to 10 years in jail and a fine, the section sends a strong message that such cheating will not be tolerated.
In short, BNS 81 = IPC 493 (old law), now renumbered and reinforced under the new legal system. This ensures continuity of protection while strengthening women’s rights in modern India.
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Finished with BNS 81 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Of Offences Relating To Marriage
- BNS Section 82 : Marrying again during lifetime of husband or wife.
- https://marriagesolution.in/bns_section/bns-section-82/
- Section 83 BNS : Marriage ceremony fraudulently gone through without lawful marriage .
- https://marriagesolution.in/bns_section/section-83-bns/
- Section 84 BNS : Enticing or taking away or detaining with criminal intent a married woman .
- https://marriagesolution.in/bns_section/section-84-bns/
- Section 85 BNS : Husband or relative of husband of a woman subjecting her to cruelty.
- https://marriagesolution.in/bns_section/section-85-bns/
- Section 86 BNS : Cruelty defined .
- https://marriagesolution.in/bns_section/section-86-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list