Enticing or taking away or detaining with criminal intent a married woman
Section 84 of the Bharatiya Nyaya Sanhita, 2023 deals with enticing or taking away or detaining with criminal intent a married woman. 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 descript The Act came into force on 01 Jul 2024.
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.
Section 84, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 498 Enticing or taking away or detaining with criminal intent a married woman Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) s. 219
- Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) s. 44
- Bharatiya Nagarik Suraksha Sanhita s. 219 Prosecution for offences against marriage
- Bharatiya Sakshya Adhiniyam s. 44 Opinion on relationship, when relevant
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 |
|---|---|---|---|---|
| Enticing or taking away or detaining with a criminal intent a married woman. | Imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
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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Ashok Kumar vs Government of N. C. T. of Delhi
Decided under Indian Penal Code 498, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a statutory presumption applicable in dowry-related death cases (presumption relating to deaths within seven years of marriage) is inapplicable due to the marriage having occurred beyond the seven-year threshold, the full burden of proof remains on the State to establish guilt beyond reasonable doubt. Insufficient evidence, as demonstrated by the acquittal of co-accused persons on identical charges, cannot sustain a conviction against a single accused. Therefore, such a conviction is not sustainable and must be set aside by the appellate court, resulting in acquittal of the appellant.
On this section: The Court referenced the presumption applicable to deaths occurring within seven years of marriage, which did not apply in the present case as the marriage was solemnised more than 10 years before the date of occurrence. This temporal limitation was crucial to the Court's finding that the conviction could not be sustained.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… filed under Article 32 of the Constitution, seeks directions for the formulation of gender-neutral guidelines and legislation governing the filing of domestic violence and harassment complaints. It also prays for a declaration regarding the constitutionality of Section 498A of the Indian Penal Code, 1860 (now Section 84 of the Bharatiya Nyaya Sanhita, 2023). 3. We have heard the learned senior counsel for the petitioner at length and have briefly examined the record. Notwithstanding the vehement submissions advanced, we are Digitally signed by ARJUN BISHT Date: 2025.04.22 17:08:47 IST Reason: Signature Not Verified …
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… Petitioners are the accused in Crime No.53/2025 of Mala Police Station. The above case is registered against the petitioners alleging offences punishable under Section 84 of the Bharatiya Nyaya Sanhita (BNS). 3. The prosecution case is that, the petitioners mentally and physically harassed the defacto complainant, who is the wife of the 1st petitioner. 4. Heard counsel for the petitioners and the Public Prosecutor. 5. The counsel for the petitioners submitted that the …
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… the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023. Illustrations. (a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant. (b) The question is, whether A was the legitimate son of B. The fact that A was always …
Questions about Section 84
What have the courts held on Section 84 of the Bharatiya Nyaya Sanhita?
Ashok Kumar vs Government of N. C. T. of Delhi (12 Jun 2007) is the leading judgment on this section among those set out below, though it was decided under IPC 498, which this section replaced -- the court never mentioned this Act: The Court referenced the presumption applicable to deaths occurring within seven years of marriage, which did not apply in the present case as the marriage was solemnised more than 10 years before the date of occurrence. This temporal limitation was crucial to the Court's finding that the conviction could not be sustained.
Is Section 84 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 84 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 Any Magistrate.
How do I find court cases under Section 84 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 84, section 84 BNS, section 84 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 84 in ipc and bns 84 and 85. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ashok Kumar vs Government of N. C. T. of Delhi (12 Jun 2007).
What should I read with Section 84 of the Bharatiya Nyaya Sanhita, and has it changed?
4 other provisions in this corpus refer back to it. It carries forward IPC 498 (Enticing or taking away or detaining with criminal intent a married woman), so the judgments decided under that provision are the case law on this one.
When did Section 84 of the Bharatiya Nyaya Sanhita come into force?
Section 84 of the Bharatiya Nyaya Sanhita, cited as BNS 84, 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.