Section 81 BNS: Cohabitation caused by man deceitfully inducing belief of lawful marriage
Bharatiya Nyaya Sanhita, 2023
Section 81 BNS at a Glance
Section 81 BNS deals with cohabitation caused by man deceitfully inducing belief of lawful marriage. It is non-bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 493 IPC on 1 July 2024.
Imprisonment of either description for up to ten years.
Section 81 BNS Bare Act Text
81. Cohabitation caused by a man deceitfully inducing a 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 also be liable to fine.
Source: Section 81, Bharatiya Nyaya Sanhita, 2023
Section 81 BNS in Simple Words
Section 81 of the Bharatiya Nyaya Sanhita (BNS) deals with a situation where a man makes a woman believe that she is lawfully married to him, and on that belief she lives with him or has sexual relations with him. The key point is deception. The law applies when the man knowingly creates a false belief of marriage, and the woman acts on that belief. It is not enough that there was a relationship or live-in arrangement.
The false impression of a valid marriage must be the reason for the cohabitation. This section is meant to protect women from serious fraud in intimate relationships. In practical terms, it often comes up where a man goes through some form of ceremony, makes false assurances, or otherwise leads a woman to think the marriage is legally valid when it is not. The offence is distinct from rape or cheating, though the facts may overlap in some cases.
Courts usually examine the conduct of the man, the woman's belief, and whether that belief was induced by deception. It is a serious offence because it abuses trust and causes deep social and personal harm.
Ingredients of Section 81 BNS
- A man who by deceit causes a woman not lawfully married to him to believe she is lawfully married to him
- Cohabitation or sexual intercourse with him by the woman in that induced belief
Punishment Under Section 81 BNS
Imprisonment of either description for up to ten years.
The offender is also liable to fine. The section prescribes no limit.
Causing a woman by deceit to believe she is lawfully married, and to cohabit or have sexual intercourse in that belief, carries imprisonment of either description for up to ten years, and liability to fine.
Example of Section 81 BNS
When Section 81 BNS Does Not Apply
- The woman and the man were in fact lawfully married to each other
- The woman knew that no lawful marriage had taken place and was not deceived into believing she was lawfully married
- There was deceit on other matters, but not deceit causing a belief of lawful marriage
- The woman did not cohabit or have sexual intercourse with the man in that belief
Section 81 BNS in the IPC (Previous Law)
Section 81 BNS replaces Section 493 IPC from the old criminal code.
Section 493 IPC is now Section 81 BNS. The wording of the section and the punishment remain unchanged.
View IPC Section 493 →FAQs on Section 81 BNS
Is a real marriage ceremony necessary for Section 81 BNS to apply?▼
No. The section applies where the man deceitfully creates a belief of lawful marriage, even if the marriage is not legally valid. What matters is the false belief and the woman acting on it.
Can Section 81 BNS apply if the woman knew there was no legal marriage?▼
Usually, no. The offence depends on deception. If she knew the relationship was not a lawful marriage, the basic ingredient of induced belief is missing.
Is Section 81 BNS the same as cheating?▼
Not exactly. Cheating is broader, while Section 81 BNS is specific to deceiving a woman into believing she is lawfully married. The facts may overlap, but the legal focus is different.
What is the punishment under Section 81 BNS?▼
The punishment may extend to 10 years’ imprisonment and liability to fine. It is a serious offence because the law treats the deception as a grave abuse of trust.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·