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Side-by-Side Comparison

493 vs 81

The transition of laws protecting women from deceitful marriages from IPC 493 to BNS 81.

What Changed?

Direct renumbering from IPC 493 to BNS 81.

Preservation of the 10-year maximum punishment.

Maintains the non-bailable and non-cognizable status.

Verdict

"Maintains strong legal action against those who trick women into cohabitation through fake marriages."

Detailed Analysis

OLD LAW (IPC)

493

Act of 1860

Cohabitation caused by a man deceitfully inducing a 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.
PunishmentUp to 10 years + Fine
REFORM
NEW LAW (BNS)

81

Act of 2024

Cohabitation caused by a man deceitfully inducing a 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.
PunishmentUp to 10 years + Fine
1860
493 Origin
2024
81 Reform

Legal Implications

Section 81 of the BNS (formerly IPC 493) targets a specific and grave form of fraud: a man pretending to be legally married to a woman to obtain her consent for sexual intercourse. The law recognises this as a major violation of a woman's dignity and life.

Practical Scenarios

"A man organising a fake temple ceremony to convince a woman they are married (BNS 81)."

"Showing forged marriage registration documents to a woman to induce her to live together (BNS 81)."

Expert Q&A

How is BNS 81 different from rape?

While rape (BNS 63) involves lack of consent, Section 81 specifically addresses consent obtained through the specific deceit of belief of lawful marriage.

What is the BNS equivalent of IPC 493?

IPC Section 493 (Cohabitation by Deceitful Inducement of Belief in Lawful Marriage) → BNS Section 81. Same 10-year maximum and non-cognizable status preserved.

Can false promise of marriage for sexual relations be prosecuted under Section 493/BNS 81 or Section 375?

Courts have applied both. False promise of marriage has been held to vitiate consent, potentially making it rape under Section 375/BNS 63. Section 493/BNS 81 specifically covers deceitful inducement of belief in lawful marriage for cohabitation. Both can potentially apply to the same conduct.

What is the difference between Section 493 and Section 496?

Section 493 covers deception making a woman believe she IS lawfully married when she is not. Section 496 covers knowingly going through a marriage CEREMONY knowing it has no legal validity, with fraudulent intent. Both target marriage fraud from different angles.

Related IPC Sections

496 : Fraudulent Marriage Ceremony...

Related BNS Sections

69 : Sexual Intercourse by Deceitfu...82 : Bigamy...83 : Fraudulent Marriage Ceremony...

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