Section 84 BNS

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Introduction of Section 84 BNS

Section 84 BNS deals with the crime of taking, enticing away, or detaining a married woman with the intent of making her engage in illicit activities. The section is focused on protecting married women from being taken away or held against their will for immoral purposes by someone who knows or suspects that she is married.

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What is section 84 of BNS ?

Section 84 of the BNS protects married women from being taken away or kept by someone who intends to involve her in illegal activities. This law punishes anyone who tries to target a married woman with such harmful intentions, ensuring her safety under the law.

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BNS Section 84 in Simple Points

Criminal Intent and Awareness:

• The law focuses on the perpetrator’s awareness that the woman is married and their intent to exploit this knowledge for wrongful purposes.
• It underscores the significance of intent in classifying the act as criminal, ensuring that only those with malicious intentions are punished.

Married Woman’s Protection:

• The law specifically targets acts that threaten the security and dignity of married women.
• It provides a legal shield against attempts to undermine the marital relationship, reinforcing the importance of respect for the institution of marriage.

Punitive Measures (Imprisonment and Fine):

• The provision for both imprisonment and fine reflects the seriousness with which the law views this offence.
• The dual punishment serves as a comprehensive deterrent, addressing both the freedom and financial aspects of the offender’s life.

Judicial Oversight in Non-Cognizable Cases:

• By making the offence non-cognizable, the law ensures that any action against the accused is subject to judicial scrutiny.
• This safeguards against potential misuse of power by law enforcement and protects the rights of the accused.

Options for Reconciliation (Compoundable Offence):

• The compoundable nature of the offence allows for the possibility of resolving the matter without a prolonged legal battle.
• It encourages amicable settlements, which can lead to quicker resolutions and reduced stress for the parties involved.

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Section 84 BNS Overview

BNS Section 84 deals with the act of taking, enticing, or detaining a married woman with the intent that she may engage in illicit intercourse with someone. The section specifies the punishment for such an act, emphasizing the protection of married women from being lured or held with wrongful intentions.

10 Key Points Explained in Detail

1. Intent to Commit an Offence:
   • The section applies when someone knowingly takes or entices away a married woman or detains her with the intent to engage her in illicit intercourse with another person.
   • The emphasis is on the intent behind the action, highlighting the criminal nature of the act.
2. Protection of Married Women:
   • This law provides protection specifically for married women, ensuring their safety from being wrongfully taken or detained by others.
   • It acknowledges the marital relationship and seeks to preserve its sanctity by punishing those who attempt to disrupt it.
3. Imprisonment as Punishment:
   • The offender can be sentenced to imprisonment for a term that may extend up to two years.
   • The imprisonment serves as a deterrent against such criminal behavior, ensuring that those who engage in this conduct face serious consequences.
4. Fine as an Additional Punishment:
   • Besides imprisonment, the offender may also be liable to pay a fine.
   • The imposition of a fine ensures that the punishment is not just limited to imprisonment, but also includes a financial penalty.
5. Option of Both Imprisonment and Fine:
   • The court has the discretion to impose both imprisonment and fine on the offender, depending on the severity of the offence.
   • This dual punishment approach ensures that justice is served in a balanced manner, taking into account the gravity of the act.
6. Non-Cognizable Offence:
   • The offence under this section is non-cognizable, meaning the police cannot arrest the accused without a warrant.
   • This classification emphasizes the need for judicial oversight before taking any action against the accused.
7. Bailable Offence:
   • The offence is bailable, which means the accused has the right to be released on bail.
   • Bail provides the accused with the opportunity to prepare their defense while awaiting trial.
8. Compoundable Offence:
   • The offence is compoundable, meaning it can be settled between the parties involved without the need for a trial.
   • This allows for the possibility of reconciliation or settlement, reducing the burden on the judicial system.
9. Triable by Any Magistrate:
   • The case under this section can be tried by any Magistrate, making it accessible and ensuring that justice can be administered locally.
   • This flexibility ensures that the case can be handled efficiently, without unnecessary delays.
10. Focus on Criminal Intent:

• The key element of this section is the criminal intent behind the act of enticing, taking away, or detaining a married woman.
• The law aims to punish those who engage in such acts with wrongful intentions, thereby upholding moral and legal standards.

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BNS 84 Punishment

Imprisonment: The offender may face imprisonment for up to 2 years.

Fine: The offender may also be required to pay a fine, which can be imposed alongside imprisonment.

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BNS 84 bailable or not ?

BNS Section 84 is bailable, meaning the accused has the right to apply for bail and can be released from custody pending trial.

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Bharatiya Nyaya Sanhita Section 84

Offence	Definition	Punishment	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Triable By
Enticing or Detaining a Married Woman	Enticing or detaining a married woman with intent for her to engage in illicit intercourse	Up to 2 years imprisonment, fine, or both	Non-Cognizable	Bailable	Any Magistrate

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The Bharatiya Nyaya Sanhita (BNS) Section 84 replaces the old Indian Penal Code (IPC) Section 498

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BNS Section 84 FAQs

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If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

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