BNS Section 84: Enticing a Married Woman – Punishment, Bail, Court & IPC Comparison

Introduction

BNS Section 84 of the Bharatiya Nyaya Sanhita, 2023 deals with enticing, taking away, concealing, or detaining a married woman with the intention that she may have illicit intercourse with any person. The provision aims to protect marital relationships from unlawful interference by punishing persons who knowingly act with such intent.

This section replaces the former IPC Section 498 and continues to address conduct involving a married woman where the accused knowingly interferes with the marital relationship for an illicit purpose. The offence focuses on the intention behind the act rather than the mere act of communication or association with a married woman.

In this article, you will learn about BNS Section 84, its punishment, classification, bail provisions, court jurisdiction, legal process, and comparison with old IPC Section 498.

What is BNS Section 84?

BNS Section 84 makes it an offence to take away, entice, conceal, or detain a woman who is known or believed to be the wife of another man with the intention that she may engage in illicit intercourse with any person.

The section requires proof that the accused knew or had reason to believe that the woman was married. It also requires proof of the specific intention mentioned in the provision. Without such intention, liability under BNS Section 84 may not arise.

The offence is therefore aimed at deliberate interference with a marital relationship rather than ordinary social interaction between individuals.

Bare Act Text

“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.”

In Simple Words

If a person knowingly persuades a married woman to leave her husband, hides her, or keeps her with the intention that she engage in an illicit relationship, that person may be prosecuted under BNS Section 84.

The prosecution must prove both knowledge of the woman's marital status and the intention to facilitate illicit intercourse.

Essential Ingredients

For an offence under BNS Section 84, the prosecution generally needs to prove:

1. The woman was legally married.
2. The accused knew or had reason to believe that she was the wife of another man.
3. The accused took away, enticed, concealed, or detained the woman.
4. The act was done intentionally.
5. The intention was to facilitate illicit intercourse with any person.

These ingredients form the foundation of the offence and must be established through evidence.

Punishment Under BNS Section 84

The punishment prescribed under BNS Section 84 is:

• Imprisonment of either description for a term which may extend to 2 years; or
• Fine; or
• Both imprisonment and fine.

The section does not prescribe any mandatory minimum sentence. The court may determine the appropriate punishment depending on the facts and circumstances of the case.

Classification of the Offence

BNS Section 84 is a non-cognizable and bailable offence. It is also compoundable by the husband and is triable by any Magistrate.

Bail Under BNS Section 84

Since BNS Section 84 is classified as a bailable offence, the accused is generally entitled to seek bail in accordance with the applicable provisions of law.

The bailable nature of the offence means that bail is ordinarily available subject to compliance with legal requirements.

Which Court Has Jurisdiction?

According to the classification provided for BNS Section 84, the offence is triable by any Magistrate.

The competent Magistrate having territorial jurisdiction over the matter will ordinarily hear and decide the case.

Step-by-Step Legal Process

1. A complaint relating to the alleged offence is filed.
2. The matter proceeds according to the procedure applicable to non-cognizable offences.
3. Evidence is collected and examined.
4. The competent Magistrate takes cognizance of the offence.
5. Charges are framed where sufficient grounds exist.
6. The prosecution presents its evidence.
7. Witnesses are examined and cross-examined.
8. The defence is given an opportunity to present its case.
9. Final arguments are heard.
10. The court delivers its judgment.

Old Law vs New Law (IPC to BNS Mapping)

BNS Section 84 is the successor provision to IPC Section 498. The offence and punishment remain substantially similar under the Bharatiya Nyaya Sanhita, 2023.

Defences Available to the Accused

Depending on the facts of the case, common defences may include:

• Lack of knowledge that the woman was married.
• Absence of intention to facilitate illicit intercourse.
• False implication.
• Lack of evidence supporting enticement, concealment, or detention.
• Failure to establish the essential ingredients of the offence.

Real-Life Illustration

Suppose a person knows that a woman is married and deliberately persuades her to leave her matrimonial home. The person then conceals her whereabouts with the intention that she engage in an illicit relationship with another individual.

If the prosecution proves these facts, the accused may be prosecuted under BNS Section 84.

Conclusion

BNS Section 84 criminalises enticing, taking away, concealing, or detaining a married woman with the intention that she may engage in illicit intercourse with any person. The provision replaces IPC Section 498 and continues to protect marital relationships from unlawful interference.

The offence is punishable with imprisonment of up to 2 years, or fine, or both. It is classified as non-cognizable, bailable, compoundable by the husband, and triable by any Magistrate.