Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Full Text
81. 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.
Plain English Summary
Penalizes a man who deceitfully leads a woman to believe she is lawfully married to him, inducing her to cohabit or have sexual intercourse in that belief. Punishable by up to ten years imprisonment and a fine.
Key Legal Elements
- Deceit by a man causing a woman to believe she is lawfully married to him.
- The woman is not lawfully married to the man.
- Cohabitation or sexual intercourse occurs based on that deceitful belief.
Punishment
Imprisonment of up to 10 years, and fine.
Practical Note
Section 81 BNS replaces Section 493 of the IPC. The critical legal ingredient is 'deceit', meaning the man must knowingly make a false representation about the marriage status. If the woman cohabits knowing the marriage is invalid, the section is not triggered. It is non-bailable and triable by the Court of Session.
हिंदी पाठ
81. हर वह पुरुष जो धोखे से किसी ऐसी महिला को, जो उससे विधिक रूप से विवाहित नहीं है, यह विश्वास दिलाएगा कि वह उससे विधिक रूप से विवाहित है और उस विश्वास में उसके साथ सहवास या मैथुन करेगा, उसे किसी एक अवधि के कारावास से, जो दस वर्ष तक का हो सकता है, दंडित किया जाएगा और वह जुर्माने के लिए भी उत्तरदायी होगा।