IPC 493 → BNS 81: Deceitful Cohabitation

Quick Summary: IPC 493 vs BNS 81

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 493 (Deceitful Cohabitation) falls in the IPC's offences relating to marriage, reputation and intimidation — offences relating to marriage, cruelty by a husband or his relatives, defamation, and criminal intimidation or insult. Retained by the BNS as BNS 81, several such offences are non-cognizable or compoundable, which changes how deceitful cohabitation is pursued.

What did IPC 493 cover?

IPC 493 dealt with deceitful cohabitation — cohabitation caused by a man deceitfully inducing a belief of lawful marriage. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 81: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to deceitful cohabitation are filed under BNS Section 81, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 81

Same - Up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For deceitful cohabitation, check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 81, not IPC 493.
• Police officers: Confirm whether the deceitful cohabitation offence is cognizable before acting, and cite BNS 81 where an FIR is registered.
• Law students & citizens: Some offences in this group, including deceitful cohabitation, can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.