BNS Section 81: Cohabitation caused by a man deceitfully inducing a belief of lawful marriage (2026)
What Section 81 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to Section 493 of the old Indian Penal Code (IPC), the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 81 of the Bharatiya Nyaya Sanhita (BNS) punishes a man who tricks a woman into believing she is lawfully married to him, and then cohabits with her or has sexual intercourse with her on that false belief. It replaced Section 493 of the Indian Penal Code (IPC) from 1 July 2024. The punishment is imprisonment of up to ten years, and a fine. This explainer sets out what Section 81 covers, its ingredients, how it maps to the old law, and the punishment. Last verified October 2026.
- New section: cohabitation caused by deceitfully inducing a belief of lawful marriage is Section 81 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 493 of the IPC.
- Punishment: imprisonment up to ten years, and a fine.
- Classification: shown as non-cognizable, non-bailable, triable by a Magistrate of the first class (confirm against the current schedule).
01Why this section matters
Some men gain a woman consent to live together or to be intimate by making her believe they are lawfully married, when they are not. The consent in such a case is based on a lie. Section 81 of the BNS treats this deceit as a serious offence against the woman.
This matters because the harm is not just a broken promise. It is a deception that leads to cohabitation or intercourse on a false footing. For any such offence on or after 1 July 2024, the charge is read under Section 81 of the BNS, not Section 493 of the IPC.
02What Section 81 covers
Section 81 applies where a man, by deceit, causes a woman who is not lawfully married to him to believe that she is lawfully married to him, and causes her to cohabit or have sexual intercourse with him in that belief. The deceit must create the belief of a lawful marriage, and the cohabitation or intercourse must follow from that belief.
This is different from a fake marriage ceremony. Here, the man need not go through any ceremony at all. The wrong is the deceit that makes the woman think she is lawfully married.
Deceit about marriage, not a false ceremony
Section 81 is about a belief of lawful marriage created by deceit. A fraudulent marriage ceremony, where the man actually goes through a ceremony knowing it does not create a lawful marriage, is dealt with under Section 83 of the BNS.
03Key ingredients
To prove an offence under Section 81, these elements must be made out:
- The accused is a man and the victim is a woman.
- Deceit: the man practised deceit on the woman.
- A false belief of marriage: the deceit caused her to believe she was lawfully married to him, when she was not.
- Cohabitation or intercourse: she cohabited or had sexual intercourse with him in that belief.
The heart of the section is the link between the deceit and the false belief. If the woman knew the true position, the offence is not made out.
04Old to new: IPC 493 to BNS 81
Section 493 of the IPC is now Section 81 of the BNS. The offence and the ten year punishment are carried over, so the change here is mainly the number.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Provision | Section 493 | Section 81 |
| Conduct punished | Deceit causing belief of lawful marriage, then cohabitation | Same |
| Imprisonment | Up to ten years | Up to ten years |
| Fine | Yes | Yes |
Because the text is carried over, decisions under Section 493 of the IPC continue to guide how Section 81 is read.
05Punishment and classification
The punishment under Section 81 is imprisonment of either description for a term which may extend to ten years, and a fine. "Either description" means simple or rigorous imprisonment.
On classification, the offence under Section 81 is shown as:
- Non-cognizable: the police generally need an order of a Magistrate to investigate.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by a Magistrate of the first class.
Check the classification before you file
The classification of marriage offences under the new code should be confirmed against the current schedule, because the position differs in places from the old Code of Criminal Procedure.
06What changed from the old law
For Section 81, the elements and the ten year punishment are carried over from Section 493 of the IPC, so the main change is the section number. Old case law still helps you read the deceit and false-belief requirements.
One point to watch is the classification under the new code, which should be checked against the current schedule when you file or advise. To look up how courts have read deceit as to marriage, see case search across Indian courts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A Section 81 complaint rarely travels alone; it tends to sit beside cheating and other marriage charges as it runs from complaint to charge to trial. Claw helps you read how judges have treated deceit as to a lawful marriage, drawing on both Section 493 of the old code and the new Section 81. Behind it sits a store of 30 crore and more judgments, reaching the Supreme Court from 1950 and the High Courts from 1990, with cases, orders and hearings tracked across 9,102 courts, benches and forums and results delivered in under 5 seconds.
Nothing you upload is used to train the Claw AI models, so client papers stay confidential. Create a free Claw account to study the deceit cases and to keep an eye on a running matter by party or advocate name.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 81, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 493 IPC in the BNS?
Section 493 of the IPC is now Section 81 of the Bharatiya Nyaya Sanhita, 2023. It punishes a man who, by deceit, makes a woman believe she is lawfully married to him and cohabits with her on that belief.
What is the punishment under BNS Section 81?
Imprisonment of either description for a term which may extend to ten years, and a fine.
How is Section 81 different from a fake marriage ceremony?
Section 81 is about deceit that creates a belief of lawful marriage, with no ceremony needed. A fraudulent marriage ceremony is a separate offence under Section 83 of the BNS.
Is an offence under Section 81 bailable?
The classification shown under the new code is non-cognizable and non-bailable, triable by a Magistrate of the first class. Confirm the position against the current schedule before you act.
Does old case law on Section 493 still apply?
In large part, yes. Because the elements and punishment are carried over, decisions under Section 493 of the IPC continue to guide how Section 81 of the BNS is read.
Can I track a case under Section 81 in Claw?
Yes. Claw lets you watch a Section 81 case by party or advocate name, keeping its orders and hearings in view across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks and researches the case rather than advising on it.