This law covers any man who promises to marry a woman and later breaks that promise.

Courts have distinguished this provision from cases of a false promise to marry in the future; this section applies specifically when the woman is deceived into believing a marriage has already lawfully taken place.

The woman must prove she was harmed physically for this offence to apply.

The offence focuses on the deceit about marital status and the resulting cohabitation or intercourse based on that false belief, not on separate physical harm.

Bharatiya Nyaya Sanhita, 2023

Section 81

Cohabitation caused by man deceitfully inducing belief of lawful marriage

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.§

Why this exists

This provision (earlier Section 493 of the Indian Penal Code, 1860, now restated as Section 81 of the Bharatiya Nyaya Sanhita, 2023) was designed to protect women from being deceived about their marital status itself — for example, through a fake wedding ceremony, a forged marriage certificate, or concealment of a still-existing earlier marriage. The law recognises that a woman's consent to cohabit or have intimacy is not real or informed consent if it rests on the false belief that a marriage has already taken place.

How courts read it

Courts have generally read this provision as targeting deceit about the existence of a marriage — such as a sham ceremony or hidden bigamy — rather than a mere unfulfilled promise to marry in the future. This distinguishes it from cases dealt with under rape/sexual-offence provisions, where a woman consents knowing she is not yet married but is misled by a promise that marriage will happen later. The key judicial distinction has been between 'deceit that a marriage already exists' (covered here) and 'false promise of a future marriage' (dealt with elsewhere).

Common misconceptions

Myth: This law covers any man who promises to marry a woman and later breaks that promise.
Fact: Courts have distinguished this provision from cases of a false promise to marry in the future; this section applies specifically when the woman is deceived into believing a marriage has already lawfully taken place.
Myth: The woman must prove she was harmed physically for this offence to apply.
Fact: The offence focuses on the deceit about marital status and the resulting cohabitation or intercourse based on that false belief, not on separate physical harm.