Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
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Summary
When a man, by deceit, makes a woman who is not lawfully married to him believe she is his lawful wife and causes her to cohabit or have sexual intercourse with him in that belief, he is criminally liable. The offence requires that the woman was not lawfully married to him and that her belief was induced by deception. Punishment can be imprisonment up to ten years and a fine.
Example
Meera is told by Karan that they were secretly married, and she moves in with him and has sexual relations believing they are husband and wife. When she learns it was a lie, Karan can be prosecuted and, if convicted, sentenced to up to ten years imprisonment and fined under this provision.
Bare Act
Enacted textEvery 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.
BNSS Classification
- Imprisonment for 10 years and fine.
- Non-cognizable
- Non-bailable
- Triable by Magistrate of the first class
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