Question 1

How is BNS 81 different from rape?

Accepted Answer

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

Question 2

What is the BNS equivalent of IPC 493?

Accepted Answer

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

Question 3

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

Accepted Answer

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.

Question 4

What is the difference between Section 493 and Section 496?

Accepted Answer

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.

Deceitful Marriage Cohabitation: IPC 493 vs BNS 81

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