Cohabitation caused by man deceitfully inducing belief of lawful marriage
Section 81 of the Bharatiya Nyaya Sanhita, 2023 deals with cohabitation caused by man deceitfully inducing belief of lawful marriage. 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 The Act came into force on 01 Jul 2024.
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.
Section 81, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 493 Cohabitation caused by a man deceitfully inducing a belief of lawful marriage Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. | Imprisonment for 10 years and fine. | Non-cognizable. | Non-bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arun Singh vs The State of Uttar Pradesh Home Department Secretary
Decided under Indian Penal Code 493, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court's inherent power under Section 482 CrPC to quash criminal proceedings is not limited by the non-compoundable nature of offences. However, this power must be exercised judiciously considering the nature and gravity of the offence. Offences against society, such as dowry demand under the Dowry Prohibition Act, cannot be quashed merely on the ground of settlement between parties, as it is in the interest of society that offenders be punished as a deterrent. However, where the allegations in the FIR do not prima-facie disclose the essential ingredients of the offence charged, the proceedings can be quashed as continuation would amount to abuse of process of the Court. In the case of Section 493 IPC, the essential ingredient of deceit causing false belief of lawful marriage must be clearly demonstrated in the allegations; mere statements that the marriage was final and only ceremony remained do not constitute the specific deception required under this section.
On this section: Cohabitation caused by deceitfully inducing belief of lawful marriage. The Court analyzed the essential ingredients: (1) deceit causing false belief of existence of lawful marriage, and (2) cohabitation or sexual intercourse. The Court found that the FIR allegations did not disclose these ingredients and therefore quashed the charges under this section.
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Hasibuddin Mondal ORS vs State of West Bengal
Decided under Indian Penal Code 493, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Family members cannot be prosecuted for offences under Sections 493, 376, or 313 of the IPC when the alleged sexual acts and deception are attributed solely to the principal accused and the ingredients of such crimes do not apply to the relatives.
On this section: Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
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Rajinder Tiwari vs The State (nct of Delhi )
Decided under Indian Penal Code 493, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Cognizance of offences under Chapter XX of IPC (Offences Against Marriage) can only be taken on basis of complaint by aggrieved person as mandated by Section 198 of Cr.P.C., not on basis of police report. Additionally, a person without valid marriage status cannot be prosecuted under Section 498-A IPC, as this section is specific to legally valid husbands and their relatives, as established by the binding Larger Bench precedent in Shivcharan Lal Verma v State of MP.
On this section: Offence of marrying again during lifetime of husband or wife - falls under Chapter XX, requires complaint for cognizance
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Md. Samnur Ali @ Sanjay vs The State of Assam
Decided under Indian Penal Code 493, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When investigation in a case involving sexual offence charges has progressed considerably, and custodial interrogation does not appear necessary at that stage, anticipatory bail may be granted under Section 438 CrPC subject to conditions ensuring the accused's cooperation with investigation and compliance with court jurisdiction.
On this section: Section 493 IPC pertains to cohabitation caused by fear of death or hurt. This section was cited in the FIR against the petitioner for the alleged illicit relationship maintained over two years.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 81
What have the courts held on Section 81 of the Bharatiya Nyaya Sanhita?
Arun Singh vs The State of Uttar Pradesh Home Department Secretary (10 Feb 2020) is the leading judgment on this section among those set out below, though it was decided under IPC 493, which this section replaced -- the court never mentioned this Act: Cohabitation caused by deceitfully inducing belief of lawful marriage. The Court analyzed the essential ingredients: (1) deceit causing false belief of existence of lawful marriage, and (2) cohabitation or sexual intercourse. The Court found that the FIR allegations did not disclose these ingredients and therefore quashed the charges under this section. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2006 to 2023.
Is Section 81 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 81 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 81 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 81, section 81 BNS, section 81 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 81 to 84 and bns 81 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Arun Singh vs The State of Uttar Pradesh Home Department Secretary (10 Feb 2020).
What should I read with Section 81 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 493 (Cohabitation caused by a man deceitfully inducing a belief of lawful marriage), so the judgments decided under that provision are the case law on this one.
When did Section 81 of the Bharatiya Nyaya Sanhita come into force?
Section 81 of the Bharatiya Nyaya Sanhita, cited as BNS 81, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.