The Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant reform in India's criminal justice system by replacing the Indian Penal Code (IPC) of 1860. Section 84 BNS specifically addresses the offense of enticing, taking away or detaining a married woman with the intent of engaging her in illicit intercourse. The provision aims to protect the sanctity of marriage and uphold societal morals by penalizing those who interfere with marital relationships . By criminalizing such acts the law seeks to deter individuals from disrupting matrimonial bonds so that married women are safeguarded from exploitation . This article delves into the nuances of section 84 of BNS 2023, exploring its legal language, interpretation, essential elements, scope, judicial interpretations, landmark cases, and its overall impact on society. Explore other important Judiciary Notes.

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Section 84 BNS

Enticing or taking away or detaining with criminal intent a married woman

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 84 BNS criminalizes the act of taking, enticing, or detaining a married woman with the intention of engaging her in illicit sexual relations. The offense is established when an individual knowingly or having reason to believe that a woman is married, engages in actions aimed at facilitating her involvement in unlawful sexual activities. The law does not require the completion of the illicit act; the mere intention and action towards such an outcome suffice for the offense.

The provision serves to protect the institution of marriage by penalizing third parties who attempt to disrupt marital relationships through deceit or coercion. It emphasizes the importance of respecting marital bonds and deters individuals from exploiting married women for immoral purposes. The section 84 BNS punishment includes imprisonment for up to two years, a fine, or both. Regarding its classification, section 84 BNS bailable or non bailable depends on judicial discretion and local court practices, but it is typically considered a bailable offense.

Section 84 BNS : Essential Elements

To establish an offense under section 84 of BNS 2023, the following elements must be present:

• Act of Taking, Enticing, or Detaining: The accused must have taken, enticed away, or detained a woman.
• Knowledge of Marital Status: The accused knew or had reason to believe that the woman is married to another man.
• Intent for Illicit Intercourse: The action was carried out with the intent that the woman engages in illicit sexual relations with any person.

All these elements must be proven beyond a reasonable doubt for a conviction under this section. It’s important to note that this is not about section 84 BNS adultery itself, but about interference by a third party.

Section 84 BNS is designed to uphold the sanctity of marriage by penalizing those who interfere with marital relationships . It specifically targets third parties who through deceit or coercion attempt to involve married women in illicit sexual activities. The law recognizes the vulnerability of married women to such exploitation and provides legal recourse against individuals who seek to disrupt matrimonial bonds.

The scope of this section is limited to cases where the woman is married, and the accused is aware or has reason to believe in her marital status. It does not apply to unmarried women or situations lacking the intent for illicit intercourse. By focusing on the protection of married women, the section 84 BNS act reinforces societal values surrounding marriage and deters individuals from engaging in actions that could harm marital relationships.

Comparison with IPC Section 498

Before BNS, similar conduct was covered under Section 498 of Indian Penal Code (IPC). The transition to Section 84 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 84 BNS : Judicial Interpretation 

Indian courts have interpreted section 84 BNS (previously IPC Section 498) to emphasize the importance of intent and knowledge in establishing the offense. In cases where the accused lacked knowledge of the woman's marital status or did not intend to facilitate illicit intercourse courts have been cautious in convicting individuals. The judiciary has consistently held that mere association with a married woman does not constitute an offense under this section unless accompanied by the requisite intent and knowledge.

Courts have also recognized the agency of women ensuring that their consent and autonomy are respected. However when evidence indicates that an individual deliberately targeted a married woman to engage her in illicit relations, the judiciary has not hesitated to uphold convictions under this provision . These interpretations form the body of section 84 BNS case law focusing on protecting marital sanctity while balancing individual rights.

Section 84 BNS : Landmark Cases

The Indian judiciary has clarified the application of laws similar to section 84 BNS through past rulings under IPC Section 498. The landmark Judgments relating to the section are as follows-

1. Kedarnath v. State of Uttar Pradesh

In this case the court emphasized that actual knowledge or reasonable belief about the woman’s marital status is a core requirement under Section 84 BNS. The conviction was upheld because the accused was aware the woman was married and still proceeded with his actions, fulfilling the knowledge criterion under the law.

2. State of Maharashtra v. Pradeep Kumar

The court clarified that mere companionship does not amount to a crime. What matters is the intent to facilitate illicit sexual intercourse. In this case, since the accused actively planned to involve the woman in an immoral relationship, the court held that his intent met the standard required for conviction under Section 84 BNS.

3. Ram Singh v. State of Rajasthan

This case reinforced that friendly association without wrongful intent does not amount to an offense . The court acquitted the accused, stating that unless there's clear evidence of intent to cause the woman’s involvement in illicit intercourse, liability under Section 84 BNS cannot arise.

4. Suraj Pal v. State of Haryana

The court ruled in favor of the accused due to insufficient evidence. It held that the prosecution failed to establish the accused’s intent beyond reasonable doubt. This case illustrated the importance of proving not just the act but the mental element (mens rea) behind it under Section 84 BNS.

5 . Ramesh Kumar v. State of Madhya Pradesh

Here, the court upheld the conviction as the accused knowingly enticed a married woman and attempted to isolate her for illicit purposes. The accused’s awareness of her marital status and deliberate actions to interfere in the marital bond satisfied all essential elements of Section 84 BNS.

Section 84 BNS : Impact 

Section 84 BNS serves as a deterrent against interference in marital relationships and protects married women from exploitation by third parties. By penalizing those who knowingly attempt to entice or detain married women for illicit purposes, it strengthens societal norms around marriage and promotes respect for legal marital bonds.

The section reinforces the idea that marriage is not merely a personal relationship but a protected institution under law. While the provision doesn't criminalize the woman's conduct, it targets external interference by penalizing individuals who aim to damage the marital relationship.

Critics argue that section 84 BNS act may indirectly limit women's autonomy by treating them as subjects of protection rather than independent agents. However, it continues to be a necessary legal tool in addressing deceptive or coercive behavior that seeks to exploit married women under the guise of affection or manipulation.

Conclusion

Section 84 BNS of the Bharatiya Nyaya Sanhita, 2023, retains the core objective of IPC Section 498 while offering continuity in legal protection for married women. It punishes those who knowingly take or detain married women with an intent to engage them in illicit sexual relations, upholding the sanctity of marriage.

The law balances protection and punishment—it does not criminalize consensual relationships but targets manipulation, deceit, and criminal intent. Through judicial interpretations and evolving societal values, section 84 of BNS 2023 has remained relevant and reflective of the need to maintain personal dignity within a legal framework.

As with other BNS provisions, its effectiveness will depend on awareness, evidence handling, and fair interpretation. Going forward, legal reforms should continue to prioritize both individual rights and institutional protection. Ultimately, section 84 BNS strengthens India’s approach to preserving lawful marital relationships without undermining personal liberties.