Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Simplified Explanation
Section 84 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the crime of enticing, taking away, or detaining a married woman with criminal intent. This section deals with situations where a person, typically a third party, unlawfully induces or takes a married woman away from her lawful husband or detains her against her will, usually for illegal purposes.
What does Section 84 address?
Section 84 criminalizes actions where a person:
- Entices a married woman: This involves attracting or persuading a married woman to leave her lawful husband or home, often using deceit, coercion, or manipulation.
- Takes away a married woman: This refers to physically removing or abducting a married woman from her home or the presence of her husband.
- Detains a married woman: This involves unlawfully holding a married woman against her will, without her consent or the consent of her lawful husband.
Elements of the offense under Section 84:
- Enticing a Married Woman:
- Enticing can involve using force, manipulation, promises, or any other form of inducement to convince the woman to leave her lawful spouse. The person doing the enticing may promise a better life, use emotional appeals, or create other false scenarios to lure the woman away.
- Taking Away:
- This occurs when someone physically removes or abducts the woman from her home or the presence of her husband. It involves the actual act of taking the woman from her lawful place of residence or away from her lawful husband.
- Detaining a Married Woman:
- Detaining refers to preventing the woman from leaving or returning to her lawful home, effectively restricting her freedom of movement without legal justification.
- Criminal Intent:
- The offense under Section 84 specifically requires that the act is done with criminal intent, meaning the person engaging in the act has unlawful or malicious motives. The criminal intent could be to cause harm, to exploit the woman, or to deprive the lawful husband of his rights.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under this section, the person may face imprisonment of up to 7 years and/or a fine. This penalty reflects the seriousness of the offense, as it not only violates the rights of the married woman but also disrupts the marital relationship.
Purpose and Protection:
The primary objectives of Section 84 are:
- Protecting the sanctity of marriage: The law aims to safeguard the marital bond by preventing third parties from interfering with a woman’s relationship with her husband.
- Preventing exploitation and harm: The law protects women from being lured away, abducted, or held against their will by individuals with criminal intentions, such as those who might seek to exploit or harm them.
- Upholding a woman’s autonomy: By criminalizing these acts, the law seeks to uphold a woman’s right to live freely within her marriage and her right to not be forcibly separated from her spouse.
Example scenarios:
- Scenario 1: A man convinces a married woman to leave her husband by promising her a better life elsewhere, and then physically takes her away from her home. This would be considered enticing and taking away a married woman under this section.
- Scenario 2: A person detains a married woman against her will, refusing to let her return to her lawful husband, thereby depriving her of her freedom. If done with criminal intent, such as to exploit or harm the woman, this would also be punishable under Section 84.
In summary, Section 84 criminalizes the act of enticing, taking away, or detaining a married woman with criminal intent, providing protection against any unlawful interference with the sanctity of marriage and a woman’s freedom. It aims to prevent actions that cause harm, exploitation, or distress to married individuals, especially women.
