Understanding Section 81 of the Bharatiya Nyaya Sanhita, 2023: Deceitful Inducement of Belief of Lawful Marriage
By Advocate Avichal Pandey
Advocate, Allahabad High Court
Marriage in India is not merely a social institution; it is also a legal relationship carrying significant rights and obligations. The Bharatiya Nyaya Sanhita, 2023 (BNS) recognizes that deception in matters of marriage can have severe consequences, particularly when a woman is intentionally misled into believing that she is lawfully married. To address such situations, Section 81 of the Bharatiya Nyaya Sanhita, 2023 prescribes criminal liability for deceitful inducement of belief of lawful marriage.
This provision aims to protect women from fraudulent conduct where a man intentionally creates a false impression of a valid marriage and exploits that belief to establish a physical or domestic relationship.
What Does Section 81 of the BNS Provide?
Section 81 applies when a man, by dishonest means or deception, induces a woman to believe that she is legally married to him, although no valid marriage exists. Acting under this mistaken belief, the woman agrees to cohabit or enters into a sexual relationship with him.
The offence is complete when the deception leads the woman to act in reliance upon the false belief of a lawful marriage.
Essential Ingredients of the Offence
For an offence under Section 81 to be established, the prosecution must prove the following essential elements:
1. Deceit or Fraud
The accused must intentionally deceive the woman by making her believe that a lawful marriage has taken place. Such deception may involve:-
●Conducting a fake marriage ceremony.
●Making false representations regarding the validity of the marriage.
●Concealing facts that render the marriage legally invalid.
●Using forged or fabricated documents relating to marriage.
A mere promise to marry in the future is not sufficient. The deception must relate to the existence of a present and valid marriage.
2. Genuine Belief of the Woman
The woman must honestly and genuinely believe that she has become the legally wedded wife of the accused.
If she was aware that no valid marriage existed, the offence under Section 81 may not be attracted.
3. Cohabitation or Sexual Relationship
The woman must have agreed to live with the accused as husband and wife or entered into a sexual relationship solely because she believed the marriage to be lawful.
The deception must be the direct reason for her consent.
Practical Illustration
Suppose a man performs a marriage ceremony without fulfilling the mandatory legal requirements or knowingly stages a sham ceremony. He then convinces the woman that they are legally married. Believing this to be true, she begins living with him as his wife.
If it is later discovered that the accused was fully aware that no valid marriage had taken place, his conduct may amount to an offence under Section 81 of the Bharatiya Nyaya Sanhita.
Punishment Under Section 81
A person convicted under Section 81 is punishable with:-
●Imprisonment of either description for a term which may extend to ten years, and
●Fine.
The punishment reflects the seriousness with which the law views fraudulent exploitation under the guise of marriage.
Nature of the Offence
Under the Bharatiya Nyaya Sanhita and the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the offence is generally classified as:-
●Non-cognizable, meaning the police ordinarily cannot investigate without the permission of the competent Magistrate.
●Non-bailable, meaning bail is not available as a matter of right and is subject to the discretion of the court.
The classification highlights the balance between procedural safeguards and the gravity of the offence.
Difference Between Section 81 BNS and a False Promise to Marry
It is important not to confuse Section 81 with cases involving a false promise of marriage.
A false promise to marry concerns an assurance of a future marriage that may later be broken. In contrast, Section 81 deals with deception regarding an existing marriage. Here, the accused falsely represents that a valid marriage has already taken place, inducing the woman to believe she is his lawful wife.
This distinction is crucial in determining the appropriate legal provision applicable to a given case.
Judicial Perspective
Indian courts have consistently emphasized that every failed relationship or broken promise cannot be treated as a criminal offence. Criminal liability arises only where there is clear evidence of fraudulent intention, dishonest conduct, and inducement leading to consent that would otherwise not have been given.
Each case must therefore be examined on its own facts, considering the intention of the accused and the circumstances under which the alleged consent was obtained.
Conclusion
Section 81 of the Bharatiya Nyaya Sanhita, 2023 is a significant legal safeguard against fraudulent conduct involving false claims of lawful marriage. The provision recognizes that consent obtained through deception is fundamentally different from free and informed consent. By criminalizing such acts, the legislature seeks to protect the dignity, autonomy, and legal rights of women who are misled into relationships based on fraudulent representations.
At the same time, every allegation must be carefully scrutinized by the courts to ensure that genuine cases receive justice while preventing misuse of criminal law.
Author:
Avichal Pandey
Advocate
Allahabad High Court
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