Indian criminal law | Updated 31 October 2026
IPC Section 493 and BNS Section 81: Cohabitation by Deceitful Belief of Lawful Marriage
Section 493 of the Indian Penal Code, 1860 addressed a man deceiving a woman into believing she was lawfully married to him, thereby inducing cohabitation or sexual intercourse. The corresponding provision for offences committed from 1 July 2024 is Section 81 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Section 493 IPC: Statutory provision
The former Section 493 IPC, titled Cohabitation caused by a man deceitfully inducing a belief of lawful marriage, provided:
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.
This historical provision remains relevant when assessing acts committed before the BNS commenced, subject to applicable repeal and savings provisions.
Section 81 BNS: Current provision
Section 81 of the Bharatiya Nyaya Sanhita, 2023, titled Cohabitation caused by man deceitfully inducing belief of lawful marriage, retains the substantive wording of former Section 493 IPC. It penalises a man who, by deceit, causes a woman who is not legally married to him to believe that she is lawfully married to him, and thereby to cohabit or have sexual intercourse with him in that belief.
Read the authoritative statute: Bharatiya Nyaya Sanhita, 2023 (official India Code PDF).
Essential ingredients of the offence
- Absence of lawful marriage: The woman is not in fact lawfully married to the accused man.
- Deceit: The man uses deception to create the belief that a lawful marriage exists.
- False belief: The woman believes, because of that deceit, that she is legally married to him.
- Cohabitation or sexual intercourse: She cohabits or has sexual intercourse with him in consequence of that belief.
- Causal connection: Evidence must connect the deceptive conduct, the mistaken belief and the subsequent conduct.
Whether the necessary deceit and causal connection are established depends on the evidence and the circumstances of the particular case.
Punishment, bail and trial
| Issue | Position under BNS Section 81 |
|---|---|
| Maximum imprisonment | 10 years (imprisonment of either description) |
| Fine | Also liable to fine; the section does not specify a fixed amount |
| Cognizability | Non-cognizable |
| Bail classification | Non-bailable |
| Court competent to try | Magistrate of the First Class |
The procedural classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Non-cognizable means that police ordinarily require a Magistrate's order to investigate; non-bailable does not mean that bail can never be granted.
Complaint and prosecution
Section 219 BNSS governs prosecution for offences against marriage. For offences under Sections 81 to 84 BNS, a court generally takes cognizance only upon a complaint by a person aggrieved, subject to the exceptions and permissions specified in that section. This special rule must be considered alongside the non-cognizable classification and other applicable procedural provisions.
False belief of marriage versus promise to marry
Section 81 addresses a false belief that a lawful marriage already exists. It is different from an allegation that a man promised to marry in the future. Other offences, including Section 69 BNS where its distinct statutory ingredients are met, may need separate consideration. The legal characterisation should follow the facts rather than treating every broken promise as Section 81.
Application before and after 1 July 2024
The BNS came into force on 1 July 2024 and repealed the IPC subject to savings under Section 358 BNS. Conduct predating commencement may continue to be governed by the former IPC, and transitional questions depend on the facts and relevant savings provisions. The date of the alleged conduct is therefore important when identifying the applicable offence.
Frequently asked questions
What is the new BNS section corresponding to IPC 493?
Section 81 BNS is the corresponding provision.
What is the maximum punishment?
Imprisonment for up to ten years and liability to fine.
Is Section 81 BNS bailable?
It is classified as non-bailable, but bail may be granted according to applicable law.
Is the offence cognizable?
No. It is classified as non-cognizable in the BNSS First Schedule.
Does every promise to marry attract this section?
No. The specific offence requires deceit inducing a belief that the parties are already lawfully married, followed by cohabitation or sexual intercourse in that belief.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - India Code
- Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code
- Official BNS text: Sections 69, 81 and 358
This article provides general legal information. Case-specific advice requires examination of the facts, evidence and applicable law.