Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Offence of Deceitful or Fraudulent Marriages (Ss. 81 and 83 BNS)
Marriage in India is not only a social institution but also a legally recognized bond built on trust, consent, and honesty. However, when this trust is obtained through deception, the sanctity of marriage is compromised, giving rise to what is often termed as “deceitful marriage.” Under the framework of the Bharatiya Nyaya Sanhita, 2023 (BNS), such acts may attract criminal liability when consent for marriage or sexual relations is obtained by fraud, misrepresentation, or false promises. This article explores the legal provisions, judicial interpretations, and evolving jurisprudence surrounding deceitful or fraudulent marriages under Sections 81 and 83 BNS
Deceitful or Fraudulent Marriage under BNS
Section 81 BNS:
Cohabitation Caused by Man Deceitfully Inducing Belief of Lawful Marriage:
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.
Ingredients of Section 81 BNS:
- There must be a intentional deceit caused by man;
- He deceived his partner by inducing a belief of a lawful marriage;
- The deceived partner is living together with the man (cohabitation) under that belief; and
- The deceived partner had sexual intercourse with the man under that belief.
Section 81 BNS punishes a man who deceitfully causes a woman, not lawfully married to him, to believe she is lawfully married and consequently cohabit or have sexual intercourse with him. Actual marriage is not required—only the belief of lawful marriage caused by the man’s deceit is enough.
Punishment:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Nature of Offence:
Non-cognizable, non-bailable, non-compoundable, triable by Magistrate of First Class
Judicial Analysis:
In Kartick Kundu v. the State, 1967 CRILJ 1411 case, the Court held that the offence under Section 493 IPC (S. 81 BNS) can also be punished as rape under Section 375 (4) (S. 63(iv) BNS).
In Arun Singh v. State of UP, AIR 2020 SC case, the Respondent’s daughter’s marriage was fixed with the Appellant (Accused) and was scheduled. After that they started going for outings together. One day the Appellant induced Jyoti to the room and established a physical relationship with her. Later on, he started demanding a dowry of Rs. 5 lakhs. On coming to know that the marriage of the appellant was settled with some other girl for handsome of money the FIR was lodged under Section 493 of IPC and Section 3 and 4 of Dowry Prohibition Act against the Appellant. The Court said that the ingredients of Section 493 IPC are missing. The allegations do not even cull out any inducement of belief in the victim i.e., Jyoti that she is lawfully married to the appellant and on account of this deceitful misstatement, the victim i.e., Jyoti cohabitated with the accused. So, it was declared that the allegations made in FIR do not fall within Section 493 of IPC.
In Raghunath Pandhy v. State of Orissa, 1957 case, the Court held that in order to establish deception it must be proved that the accused either dishonestly or fraudulently concealed certain facts or made faux-assertion knowing it to be false.
In Dayanidhi Nayak v. State, 2002 CriLJ 371 case, where the accused on promise to marry carried on sexual intercourse with informant for a year and later refused to marry her after she became pregnant. However, the informant neither in her FIR nor in her statement u/s 161 CrPC alleged that she was induced by the accused. It was held that the prerequisite of deception resulting to consent of woman for sexual intercourse was not made out and therefore, framing of charges u/s 493 IPC (S. 81 BNS) against the accused was wrong.
In Ravinder Kaur v. Anil Kumar, AIR 2015 SC 2447 case, where a man obtained the ex-parte divorce decree and did not inform his wife about it. Due to this matrimonial relationship ended and the wife was not known about this fact. She continued to cohabit with him as she thought that she was still married to him. The wife came to know about this fact when her husband married another woman. The court held that it cannot be said that the husband deceived his wife to believe that she is lawfully married to him and held that the man is not liable for the offence under Section 493 of IPC (S. 81 BNS). The Court directed the compounding of complaint made by the appellant with reference to Section 494 of the Indian Penal Code (S. 82(1) BNS).
In Amruta Gadtia v Trilochan Pradhan, (1993) Cr LJ 1022 (Ori) case, the Court observed that the woman was aware of the fact that she was not lawfully married to the man she was cohabitating with and then also she allowed the man to had sexual intercourse with her. The Court held the man not liable for the offense under Section 493 IPC (S. 81 BNS). The Court cleared that cohabitation or sexual intercourse by a man with a woman who is not lawfully married is not the only criterion to punish a man of this offense. All the ingredients, including false belief in which woman is kept by such man, shall be fulfilled in order to punish him under this Section.
In Moideen Kutty Haji v Kunhikoya, AIR 1987 Ker 184 case, the Court observed that according to this Section a man is not liable only for cohabiting or having sexual intercourse with a woman not lawfully married to him. For the liability under this Section, it must be proved that such man has induced the woman to cohabitate or have sexual intercourse with him in the belief that she is lawfully married to him.
Fraudulent Marriage Ceremony:
Section 83 BNS:
Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage:
Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
By the language of the Section, it is very clear this offence can be committed by a man or woman.
Ingredients of Section 496:
- A man or a woman must have dishonest intentions for the marriage.
- The person involved in the offence had the intention to deceive others, such as family, friends, or authorities, into believing they are legally married and the other partner of the marriage.
- The person involved in the offence must have the knowledge that the marriage does not constitute a valid marriage.
Deceitful intention must exist on the part of the offender at the time of marriage. This means if the husband is having no deceitful intention at the time of marriage and he believes that he is lawfully marrying the woman then he would not be liable under Section 496 IPC (S. 83 BNS). To attract the offense under this Section, a person must know at the time of marriage that such marriage is not valid.
A fraudulent marriage ceremony typically involves:
- There is a deception of others, such as family, friends, or authorities, into believing they are legally married and the other partner of the marriage.
- The marriage ceremony is organized such that it is complete with witnesses, a marriage officiant, and other traditional elements, giving the appearance of a legitimate marriage.
- It also include forging marriage certificates, altering dates, or misrepresenting the identities of the individuals involved.
Punishment:
Imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Nature of Offence:
Non-cognizable, bailable, non-compoundable, triable by Magistrate of First Class
Judicial Analysis:
In Shiekh Altmuddin v Emperor, 44 Ind Cas 321 case, where the marriage ceremony which is gone through is invalid by the reason of existence of the previous marriage, then Section 496 IPC (S. 83 BNS) shall not be applicable. It is subjected as an offence of bigamy which is dealt with under Section 494 of the IPC (S. 81 BNS).
Comparative Study of Sections 81 and 83 BNS:
| Section 81 BNS | Section 83 BNS |
| Section 81 BNS deals with cohabitation caused by a man deceitfully inducing a belief of lawful marriage. | Section 83 BNS concerns fraudulent marriage ceremony. It criminalizes going through a marriage ceremony dishonestly without a lawful marriage actually taking place. |
| It focuses on exploitation through emotional and physical relations under a false belief of marriage. | It targets the act of a sham marriage ceremony itself. |
| It is specifically applies to a man deceiving a woman. | It is gender-neutral; can apply to any person engaging in fraudulent marriage. |
| It protects women from sexual exploitation under false marital belief. | It protects the institution of marriage from fraudulent or sham ceremonies. |
| A man deceives a woman and causes her to believe she is lawfully married to him. She cohabits or has sexual intercourse based on that belief. | A person dishonestly or fraudulently goes through a marriage ceremony and knows that the ceremony does not result in a lawful marriage |
| Under this Section the punishment is imprisonment up to 10 years and fine. | Under this Section the punishment is imprisonment up to 7 years and fine. |
| Offence under this Section continues over a period (cohabitation/relationship). | Offence under this Section is completed at the time of the fraudulent marriage ceremony. |
Conclusion:
Deceitful marriage strikes at the very foundation of trust and consent that underpins the institution of marriage. Sections 81 and 83 BNS, demonstrate a clear legislative intent to criminalize not only fraudulent marital ceremonies but also the exploitation that arises from inducing a false belief of lawful marriage. Through judicial interpretation, courts have further expanded the understanding of consent, emphasizing that consent obtained through deception cannot be considered valid.
In a society where marriage carries profound social, emotional, and legal significance, such deceptive practices can have far-reaching consequences, especially for women who are often the primary victims. The legal framework thus plays a crucial role in deterring such misconduct and providing remedies to those affected. However, the evolving nature of relationships and increasing instances of deceit call for continued judicial vigilance and, where necessary, legislative refinement.
For More Articles on the Bharatiya Nyaya Sanhita, 2023 Click Here