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Section 84: Enticing or Taking Away Married Woman with Criminal Intent

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

Chapter V: Of Offences Against Women & Children
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 498 IPC
Section 83 All 358 Sections of Bharatiya Nyaya Sanhita Section 85

Legal Commentary & Landmark Judgments: Section 84

Section 84 penalizes 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, from that man, with intent that she may have illicit intercourse with any person, prescribing imprisonment up to two years, or fine, or both.

  • Knowledge of Existing Marriage: The offender must know or have reason to believe that the woman is lawfully married to another man.
  • Taking or Enticing Away: Involves physical taking or psychological enticement from the control of the husband.
  • Illicit Intercourse Intent: Done with the specific intent that she may engage in illicit intercourse with the accused or any other person.
Key Landmark Precedents:
  • Alamgir v. State of Bihar (AIR 1959 SC 436): The Supreme Court examined enticement under Section 498 IPC (Section 84 BNS), holding that the provision protects the husband's custody and rights over his wife from predatory enticement.
  • Joseph Shine v. Union of India (2019) 3 SCC 39: While striking down adultery (Section 497 IPC) as unconstitutional, the Constitution Bench examined the historical origin of marital property offenses.
Courtroom Practice & Strategic Litigation Guidance:

In matrimonial cross-complaints where an aggrieved husband charges his wife's partner with enticement, verify voluntary departure: if the wife left her matrimonial home voluntarily due to cruelty, enticement under Section 84 BNS is disproved.

Section 83 All 358 Sections of Bharatiya Nyaya Sanhita Section 85