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.
- Introduction of Section 84 BNS
- What is section 84 of BNS ?
- BNS Section 84 in Simple Points
- Section 84 BNS Overview
- BNS 84 Punishment
- BNS 84 bailable or not ?
- Bharatiya Nyaya Sanhita Section 84
- BNS Section 84 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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.
BNS Section 84 in Simple Points
1. Why is Criminal Intent and Awareness Important in this Law?
The law applies only when the accused is aware that the woman is married and acts with the intention of exploiting this knowledge for wrongful purposes. Intent is the key factor—only those with malicious intentions are punished, ensuring that accidental or innocent acts do not fall under this section.
2. How Does the Law Protect Married Women?
BNSS Section 84 is designed to safeguard the dignity, security, and rights of married women. It provides a legal shield against those who try to entice, take away, or detain them for illicit purposes, reinforcing respect for both the woman’s dignity and the sanctity of marriage.
3. What Punishments Can Offenders Face?
The law prescribes imprisonment of up to 2 years, a fine, or both. This dual punishment reflects the seriousness of the offence, targeting both the personal freedom and financial status of the offender. It acts as a comprehensive deterrent against such wrongful acts.
4. Why is Judicial Oversight Necessary in Non-Cognizable Cases?
Since the offence is non-cognizable, police cannot arrest the accused without a warrant. This ensures judicial scrutiny before any action is taken, protecting the accused from misuse of police powers while still holding offenders accountable through proper legal procedures.
5. Can the Offence Be Settled Privately?
Yes, the law classifies it as a compoundable offence, meaning the case can be settled between the parties without a full trial. This option allows for reconciliation or amicable settlements, reducing stress for the victim and saving time for the courts.
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
Intent to Commit an Offence
The central idea of this section is criminal intent. It applies when a person knowingly takes, entices, or detains a married woman with the intention of engaging her in an unlawful sexual relationship with another. Even if the act is not completed, the mere intent behind it is enough to attract legal punishment.
Protection of Married Women
This law is designed to protect married women from being exploited or wrongfully detained. It recognizes the importance of safeguarding the dignity, safety, and rights of women while also preserving the sanctity of marriage. By penalizing those who attempt to interfere in this relationship, the law offers a strong shield against exploitation.
Imprisonment as Punishment
An offender found guilty under this section can face imprisonment for up to two years. Although the term may seem limited compared to more severe offences, it acts as a clear deterrent, sending the message that such acts of interference and exploitation are unacceptable.
Fine as an Additional Punishment
Besides imprisonment, the offender may also be required to pay a fine. This additional financial penalty ensures that punishment is not only custodial but also economic, making it more impactful for the offender.
Option of Both Imprisonment and Fine
The law allows the court to impose both imprisonment and a fine together, depending on the severity of the case. This flexibility ensures that the punishment can be tailored according to the seriousness of the wrongful act.
Non-Cognizable Offence
This offence is classified as non-cognizable, meaning the police cannot arrest the accused without a court-issued warrant. This classification ensures that judicial oversight is maintained before any legal action is taken.
Bailable Offence
Since it is a bailable offence, the accused has the right to apply for bail. This ensures that while the offence is punishable, the accused is not unnecessarily deprived of liberty before being tried in court.
Compoundable Offence
The offence is compoundable, meaning it can be settled between the parties without a full trial. This option allows for reconciliation or private settlement if both parties agree, thereby reducing the burden on the judicial system.
Triable by Any Magistrate
Cases under this section can be tried by any Magistrate, ensuring accessibility and quick disposal of such matters. This provision avoids unnecessary delays and ensures that justice is available at the local level.
Focus on Criminal Intent
The most important element of this section is criminal intent. The law does not only look at the act itself but also the purpose behind it. If the intention is to exploit, deceive, or endanger a married woman by enticing or detaining her, the offender is liable for punishment.
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.
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.
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 |
The Bharatiya Nyaya Sanhita (BNS) Section 84 replaces the old Indian Penal Code (IPC) Section 498
BNS Section 84 FAQs
What does BNS Section 84 cover?
It covers the act of enticing, taking away, or detaining a married woman with the intent of involving her in illicit activities.
What is the punishment under BNS Section 84?
The punishment includes imprisonment for up to two years, a fine, or both.
Is BNS Section 84 bailable?
Yes, it is a bailable offence, meaning the accused can be released on bail.
Can someone be arrested without a warrant under BNS Section 84?
No, it is a non-cognizable offence, so a warrant is required for arrest.
Who handles cases under BNS Section 84?
Cases can be tried by any magistrate.
Can BNS Section 84 cases be settled out of court?
Yes, it is a compoundable offence, which means it can be settled outside of court with the victim’s consent.
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