Section 84 BNS: Enticing or taking away or detaining with criminal intent a married woman

Bharatiya Nyaya Sanhita, 2023

Section 84 BNS at a Glance

Section 84 BNS deals with enticing or taking away or detaining with criminal intent a married woman. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 498 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Bailable โ“˜Non-Cognizable โ“˜Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
IPC Equivalent

Section 498 โ†’

Section 84 BNS Bare Act Text

84. 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 description for a term which may extend to two years, or with fine, or with both.

Source: Section 84, Bharatiya Nyaya Sanhita, 2023

Section 84 BNS in Simple Words

Section 84 of the Bharatiya Nyaya Sanhita (BNS) deals with enticing, taking away, concealing, or detaining a married woman with criminal intent. It punishes any person who takes or entices away, or conceals or detains, a woman whom he knows or has reason to believe is the wife of another man, with the intent that she may have illicit intercourse with any person.

For this section to apply, the prosecution must show more than mere companionship or travel. There must be a married woman, the accused must know or have reason to believe she is the wife of another man, and the accused must act with the required criminal intent. If a woman leaves of her own free will without inducement, concealment, or detention by the accused, the offence is not made out.

In practice, this section is used in disputes where allegations are made that a married woman was persuaded, taken away, concealed, or detained for the purpose of illicit intercourse. The offence is punishable with imprisonment of either description for up to two years, or with fine, or with both.

Ingredients of Section 84 BNS

  • A woman who is the wife of another man, with knowledge or reason to believe that fact
  • Taking, enticing away, concealing, or detaining that woman
  • The intent that she may have illicit intercourse with any person

Punishment Under Section 84 BNS

Imprisonment

Imprisonment of either description for up to two years.

Fine

The court may impose a fine alone or with imprisonment. The section sets no limit.

Bailable โ“˜Non-Cognizable โ“˜Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Taking or enticing away, concealing or detaining a married woman with intent that she may have illicit intercourse with any person carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 84 BNS

Bhavna is the wife of Manoj and is residing with Manoj's sister in Varanasi while Manoj is working in another town. Sanjay knows Bhavna is the wife of Manoj. Sanjay persuades Bhavna to leave the house and keeps her in a rented room without letting her return, intending that she may have illicit intercourse with his associate. Sanjay enticed away and detained a woman whom he knew to be the wife of another man, with the intent that she may have illicit intercourse with any person. Sanjay is punishable under Section 84 BNS.

When Section 84 BNS Does Not Apply

  • The accused did not know and had no reason to believe that the woman was the wife of another man
  • The accused did not take, entice away, conceal, or detain the woman
  • There was no intent that the woman may have illicit intercourse with any person

Section 84 BNS in the IPC (Previous Law)

Section 84 BNS replaces Section 498 IPC from the old criminal code.

Section 498 IPC is now Section 84 BNS. The BNS omits the clause from that man, or from any person having the care of her on behalf of that man, while the acts of enticing, taking away, concealing, or detaining with intent to cause illicit intercourse, along with the punishment, remain unchanged.

View IPC Section 498 โ†’

FAQs on Section 84 BNS

Does Section 84 BNS apply if the woman went willingly?โ–ผ

Not always. The prosecution must prove that the accused enticed, took away, concealed, or detained her with the required criminal intent. If she left voluntarily and there was no wrongful inducement, concealment, or detention, the case may fail.

Under Section 84 BNS, is proof of physical force necessary?โ–ผ

No, physical force is not essential. Even persuasion, inducement, concealing, or detaining a married woman can attract the section if the criminal intent is proved. The focus is on the accused's intention and conduct.

Under Section 84 BNS, what kind of evidence is usually relevant?โ–ผ

Messages, calls, witness statements, travel records, and circumstances showing inducement, concealment, or detention can matter. The court will look closely at whether the accused acted with the purpose mentioned in the section.

What is the punishment under Section 84 BNS?โ–ผ

Under Section 84 BNS, the offence is punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Have questions about Section 84 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru โ†’

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท