A Promise of Marriage That Never Was: Understanding Section 81 of the Bharatiya Nyaya Sanhita (BNS) — Deceitful Cohabitation Under the False Belief of Marriage”
She met him at her workplace. He was charming, respectful, and attentive — the kind of man her parents always hoped she would marry. Over time, their friendship turned into love, and he began promising her a life together. He spoke of marriage, introduced her to his friends as his fiancée, and even convinced her that they were spiritually married after performing a few rituals privately.
Trusting his words, she left her home and started living with him. They shared a home, dreams, and intimacy — all under her belief that she was his wife. Months later, he disappeared. When she tried to contact him, she learned the truth — he was already married to another woman, and all his promises were lies.
Heartbroken, betrayed, and devastated, she turned to the law. And it is here that Section 81 of the Bharatiya Nyaya Sanhita (BNS) becomes her shield.
Understanding Section 81 of the Bharatiya Nyaya Sanhita (BNS)
Section 81 BNS deals with one of the most emotionally and psychologically devastating crimes against women — when a man deceives a woman into believing she is lawfully married to him and, under that false belief, induces her to cohabit or have sexual relations with him.
The provision reads:
“Every man who by deceit causes any 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, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
In simple terms, if a man deceives a woman into believing that they are legally married, and on that belief, she lives or has sexual intercourse with him, he commits a criminal offence.
The Purpose Behind Section 81 BNS
The legislature introduced this provision to protect women from being emotionally, socially, and sexually exploited under false pretenses of marriage.
In many cases, men take advantage of a woman’s trust and social vulnerability by making her believe that she is his lawful wife — sometimes through false rituals, fake documents, or mere words of assurance. The law recognizes this deceit as not just emotional fraud but also a serious moral and criminal offence that violates a woman’s dignity, faith, and autonomy.
Essential Ingredients of Section 81 BNS
To prove a case under this section, the following key elements must be established:
- The accused must be a man.
The section specifically criminalizes the act of deceit by a man. - The woman is not lawfully married to him.
There must be no valid marriage under law (for example, Hindu Marriage Act, Special Marriage Act, etc.). - Deceit must be the means of inducement.
The man must have deceived the woman — through lies, misrepresentation, or false promises — making her believe they are lawfully married. - The woman must have believed that she is lawfully married to him.
Her belief must be genuine, based on the deceitful conduct of the man. - Cohabitation or sexual intercourse occurred due to that belief.
The act of living together or physical relations must have been the consequence of her mistaken belief in the existence of a valid marriage.
Punishment under Section 81 BNS
The offence under Section 81 BNS is punishable with imprisonment for a term which may extend to ten years, and the offender shall also be liable to fine.
This severe punishment underscores the law’s intent to protect women from exploitation under the false pretext of marriage — a crime that not only affects her physically but also shatters her emotional and social dignity.
Difference Between Section 81 BNS and Rape by Deception
While both offences involve deceit, Section 81 BNS differs from rape under Section 64 BNS (which replaces Section 375 of IPC) in its nature and scope.
- Section 81 BNS deals with cohabitation or intercourse under the false belief of lawful marriage, implying that the woman consents to the act but under a mistaken belief of being married.
- Section 64 BNS (rape by deception) deals with cases where consent for sexual intercourse is obtained under a false promise of marriage, without actual marriage or lawful relationship.
Thus, Section 81 focuses on false belief of marriage itself, while rape by deception focuses on false promise of future marriage.
The Concept of Deceit in Law
The word “deceit” is crucial to understanding this section. It means any act or omission intended to make a person believe something that is false.
Deceit can be done by:
- Performing fake marriage rituals;
- Showing fabricated marriage certificates;
- Pretending that a private or spiritual marriage is legally valid;
- Misrepresenting marital status (e.g., hiding an existing marriage); or
- Making false statements that induce a woman to believe she is a lawful wife.
The law treats such deceit as fraudulent conduct that manipulates a woman’s faith in the sanctity of marriage — one of the most sacred institutions in Indian society.
Judicial Approach and Case References
Though Section 81 BNS is a newly codified provision (replacing Section 493 of the Indian Penal Code, 1860), several judgments under the old section guide its interpretation.
1. R. v. Babu Lal (AIR 1960 All 223)
The accused cohabited with a woman after performing false rituals of marriage. The court held that the woman’s belief in the validity of marriage, induced by deceit, fulfilled the ingredients of the offence.
2. S.P. Mahendra v. State of Karnataka (1999 Cri LJ 1709)
The court ruled that even if no formal marriage ceremony is performed, if the man’s deceit leads the woman to genuinely believe she is married, and she cohabits with him, the offence is complete.
3. Ram Chandra Bhagat v. State of Jharkhand (2013) 1 SCC 562
The Supreme Court observed that inducing a woman to cohabit by deception about marital status is an offence that violates her dignity and modesty, deserving severe punishment.
Why Section 81 BNS is Necessary in Modern Society
In a society where relationships are evolving and the concept of live-in arrangements is increasingly common, Section 81 BNS acts as a safeguard for women who are deceived into believing in a false marital relationship.
This provision ensures that deceit under the garb of love or companionship does not go unpunished. It recognizes that emotional manipulation and sexual exploitation are as harmful as physical assault.
Moreover, in cases where women are promised marriage and introduced socially as wives — only to later discover that the marriage was a lie — this section provides a clear legal remedy.
Evidence in Cases under Section 81 BNS
To establish guilt under Section 81, certain evidence becomes critical:
- Statements of the woman describing the deceit and her belief in being married;
- Proof of false rituals or fake documentation;
- Witnesses who can confirm that the man represented the woman as his wife;
- Correspondence or messages that show the man’s deceitful intent;
- Social media evidence (e.g., posts identifying her as his wife); and
- Proof of cohabitation and shared residence.
Difference Between Live-In Relationships and Deceitful Cohabitation
It is essential to distinguish between consensual live-in relationships and deceitful cohabitation.
- A live-in relationship is based on mutual consent without any pretense of marriage.
- In Section 81 cases, the woman’s consent is obtained through deceit — she genuinely believes she is married to the man.
The critical difference lies in the woman’s belief. In a live-in relationship, both parties know the nature of their relationship; in deceitful cohabitation, only one party knows the truth — the deceiver.
Impact on the Woman
The psychological and social consequences of such deceit are immense. The woman often faces:
- Social stigma, as society views her through the lens of morality;
- Emotional trauma, due to betrayal of trust and faith;
- Loss of dignity, as her relationship is exposed as fraudulent;
- Family alienation, as she may be blamed for being “careless” or “naïve.”
Section 81 acknowledges these impacts and aims to ensure that the man who uses deceit to exploit a woman emotionally and sexually faces serious consequences.
Preventive and Legal Remedies
In addition to filing a criminal complaint under Section 81 BNS, the woman can:
- Seek compensation or maintenance under civil or matrimonial laws;
- File a complaint under the Protection of Women from Domestic Violence Act, 2005 if there was abuse during cohabitation;
- Approach the cyber cell or police if deceit involved digital misrepresentation (fake profiles, online marriages, etc.).
Conclusion
Section 81 of the Bharatiya Nyaya Sanhita serves as a moral and legal compass protecting women from the exploitation of deceitful men who misuse the sacred concept of marriage for personal gain or sexual gratification.
It reminds society that marriage is not a tool for manipulation but a bond of trust, respect, and honesty.
For every woman deceived under the false promise of being a wife, this section stands as her voice — ensuring that deceit under the guise of love does not remain unpunished.
In a world where trust can be weaponized, Section 81 BNS is a necessary protection — asserting that deceit in the name of marriage is not love, but a crime deserving justice.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304