● Retained in BNS
Deceitfully causing a woman to believe she is lawfully married, in order to obtain cohabitation or intercourse, carries up to 10 years' imprisonment and fine under BNS Section 81, unchanged from IPC 493.
Section 493 IPC punished any man who, by deceit, caused a woman not lawfully married to him to believe she was lawfully married to him and to cohabit or have intercourse with him in that belief, with imprisonment of either description up to 10 years, and fine. Unlike bigamy, this offence does not require an actual marriage ceremony or a pre-existing marriage -- only deceit as to the marriage's validity.
BNS Section 81 reproduces the offence verbatim, word for word -- no substantive change of any kind.
Unchanged in substance. Pure renumbering from IPC 493 to BNS 81.
Imprisonment of either description up to 10 years, and fine..
IPC 493 is non-bailable..
This is a non-cognizable. offence.
Non-compoundable..
Matters under IPC 493 are tried before the Magistrate of the First Class..
Common defences include the absence of deceit as to the marriage's validity, a genuine and reasonable belief on the woman's part independent of any representation by the accused, and the accused having made full and honest disclosure of the marriage's true status.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons