Bharatiya Nyaya Sanhita, 2023
Section 84
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.
Why this exists
This provision comes from colonial-era Indian Penal Code Section 498, carried forward into the Bharatiya Nyaya Sanhita, 2023. It was originally framed to protect the sanctity of marriage and a husband's marital rights by penalizing third parties who lure, hide, or detain a married woman for illicit purposes. Historically, such laws treated the wife's fidelity as connected to the husband's honour and property-like interest, reflecting older patriarchal notions of marriage rather than the woman's own autonomy.
How courts read it
Courts interpreting the identical IPC Section 498 held that the offence protects the husband's rights over his wife's society, not the woman's own choices, and that consent of the woman does not necessarily absolve the accused since the law focuses on the accused's intent and the disruption of the marital relationship. Courts have also emphasized that mere departure of the wife on her own volition, without enticement or concealment by the accused, does not attract this section.
Common misconceptions
- Myth: This law punishes the married woman for leaving her husband.
Fact: The section targets the person who entices, takes, conceals, or detains her — not the woman's own decision to leave. - Myth: If the woman agrees to go with the man, the law doesn't apply.
Fact: Courts have read this section as protecting the husband's marital rights, so the woman's consent does not automatically prevent the accused from being liable if intent and concealment are proven.