Bharatiya Nyaya Sanhita, 2023
Section 84 BNS: Enticing, Taking Away or Detaining a Married Woman
Section 84 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who takes or entices away, conceals or detains a woman whom he knows, or has reason to believe, to be the wife of another man, with the intent that she may have illicit intercourse with any person.
Current legal position: Section 84 BNS is the current penal provision dealing with enticing, taking away, concealing or detaining a married woman with the criminal intent described in the section. The BNS came into force from July 1, 2024.
What does Section 84 BNS provide?
Section 84 applies where a person takes or entices away a woman whom he knows, or has reason to believe, to be the wife of another man, with the intent that she may have illicit intercourse with any person.
The provision also covers concealing or detaining such a woman with that same intent. The punishment may extend to two years' imprisonment of either description, or fine, or both.
Essential ingredients of Section 84
The statutory wording indicates the following principal ingredients:
- the woman is the wife of another man;
- the accused knows, or has reason to believe, that she is the wife of another man;
- the accused takes or entices her away, or conceals or detains her; and
- the conduct is accompanied by the intent that she may have illicit intercourse with any person.
Key point: The offence is not established merely by association with or movement of a married woman. Section 84 expressly requires the specified knowledge or reason to believe, together with the criminal intent stated in the provision.
Punishment under Section 84 BNS
| Imprisonment | Imprisonment of either description for a term which may extend to 2 years |
|---|---|
| Fine | Fine may be imposed |
| Alternative | The Court may impose imprisonment, fine, or both |
Is Section 84 BNS cognizable and bailable?
| Cognizable | No - non-cognizable |
|---|---|
| Bailable | Yes |
| Trial court | Any Magistrate |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the Section 84 offence as non-cognizable and bailable, and states that it is triable by any Magistrate.
Complaint requirement under Section 219 BNSS
Section 219 BNSS governs prosecution for offences against marriage. It provides that no Court shall take cognizance of an offence punishable under Sections 81 to 84 BNS except upon a complaint made by a person aggrieved by the offence, subject to the statutory exceptions.
For an offence punishable under Section 84 specifically, Section 219(2) states that no person other than the husband of the woman shall be deemed to be aggrieved by the offence.
Compounding under Section 359 BNSS
Section 359 BNSS includes the Section 84 offence in the table of compoundable offences. The persons specified for compounding are the husband of the woman and the woman.
Section 84 BNS and former Section 498 IPC
Section 84 BNS substantially carries forward the offence that was contained in former Section 498 of the Indian Penal Code, 1860. It should not be confused with the former Section 498A IPC cruelty offence; under the BNS, cruelty by a husband or his relative is addressed separately in Sections 85 and 86.
Related BNS provisions
Section 81 deals with cohabitation caused by deceitfully inducing a belief of lawful marriage. Section 82 deals with marrying again during the lifetime of a spouse. Section 83 deals with fraudulently going through a marriage ceremony without a lawful marriage. Sections 85 and 86 deal with cruelty by a husband or his relative and define cruelty for that purpose.
Official legal sources
For the authoritative statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs - New Criminal Laws page also provides official materials relating to the new criminal laws.
Important note
This page provides a general explanation of Section 84 of the Bharatiya Nyaya Sanhita, 2023. Whether the provision applies in an individual case depends on the facts, evidence, procedural law and applicable judicial decisions.