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Section 81: Cohabitation Caused by Deceitfully Inducing Belief of Lawful Marriage

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Magistrate 1st Class
Non-Bailable
Non-Cognizable
Formerly Sec 493 IPC
Section 80 All 358 Sections of Bharatiya Nyaya Sanhita Section 82

Legal Commentary & Landmark Judgments: Section 81

Section 81 penalizes a man who by deceit causes a 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, prescribing imprisonment up to ten years, and fine.

  • Deceitful Belief of Lawful Marriage: The man must induce a woman to believe that they are lawfully married through deception (e.g. mock ceremony, fake marriage certificate, forged registrar stamp).
  • Cohabitation or Intercourse: The woman cohabits or engages in sexual intercourse solely in reliance upon that deceptive belief.
  • Severe Ten-Year Custodial Term: Penalizes calculated matrimonial fraud and fraudulent spousal impersonation (formerly Section 493 IPC).
Key Landmark Precedents:
  • Ram Chandra Bhagat v. State of Jharkhand (2010) 13 SCC 599: The Supreme Court analyzed Section 493 IPC (Section 81 BNS), holding that the essence of the offence is deceit inducing a woman to believe she is lawfully married; mere false promise of future marriage is distinct from causing belief of current lawful marriage.
  • Bhaurao Shankar Lokhande v. State of Maharashtra (AIR 1965 SC 1564): Examined simulated marriage ceremonies and the evidentiary proof required to demonstrate deceptive cohabitation.
Courtroom Practice & Strategic Litigation Guidance:

Distinguish Section 81 from Section 69 BNS: Section 69 applies to false promises of FUTURE marriage, whereas Section 81 applies to deceiving a woman into believing she is ALREADY lawfully married right now through a fraudulent ritual.

Section 80 All 358 Sections of Bharatiya Nyaya Sanhita Section 82