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.
Simplified Explanation
Section 81 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offense of cohabitation caused by man deceitfully inducing belief of a lawful marriage. Here’s a detailed explanation of this section:
What does Section 81 address?
This section criminalizes the act where a man deceitfully induces a woman to believe that they are married under lawful circumstances, with the intention of cohabiting with her. Essentially, this provision addresses situations where a man falsely convinces a woman that their relationship is a lawful marriage, thereby engaging in sexual relations with her, which would otherwise be inappropriate or unlawful.
Elements of the offense:
- Deceitful Inducement:
- The man must intentionally deceive the woman by leading her to believe that she is in a legal and valid marriage.
- This could involve giving the impression of performing a religious, social, or legal ceremony or using any other fraudulent means to create this belief.
- Inducing Belief of Lawful Marriage:
- The belief induced in the woman is that the relationship is formalized as a lawful marriage. This means that the man leads the woman to believe that they are legally married and that any cohabitation or sexual relationship that occurs between them is within the boundaries of marriage.
- Cohabitation (sexual relations):
- After inducing this belief, the man and woman cohabit. The section criminalizes the act of cohabitation based on a false understanding of the relationship’s legal status.
- Intention:
- The offense hinges on the fact that the man acts with the intention to deceive the woman into thinking they are legally married, and the cohabitation happens under this fraudulent assumption.
Punishment:
- Imprisonment and/or fine: If convicted under this section, the man may face imprisonment for up to 5 years and a fine. This penalty serves as a deterrent against deceiving women into believing they are married for purposes of cohabitation.
Purpose and Protection:
The purpose of this section is to protect women from being manipulated into false marriages for the purpose of exploitation, including sexual exploitation. It acknowledges that a deceptive act by a man, leading a woman to believe in a lawful marital relationship, is an abuse of trust and a form of legal and social misconduct.
By penalizing such behavior, the law seeks to uphold the integrity of lawful marriages and ensures that women are not subjected to deceitful or coercive relationships under the pretense of marriage.
Example scenario:
If a man convinces a woman to live with him by falsely stating that they are married, and she believes him, this would constitute an offense under Section 81. The deception may include any form of fraudulent behavior, such as presenting false documents or using misleading religious or legal customs to create the impression of marriage.
In short, Section 81 of the Bharatiya Nyaya Sanhita addresses the issue of a man fraudulently convincing a woman that they are married to justify cohabitation. This section is designed to safeguard against manipulative relationships that exploit legal or societal norms of marriage.
