Section 84 of the Bharatiya Nyaya Sanhita, 2023 punishes: "Whoever takes or entices away any woman who…
Under section 84 of the Bharatiya Nyaya Sanhita, 2023, the prohibited conduct (taking, enticing away, concealing or detaining) is an offence only when it is directed at a…
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Section 84 of the Bharatiya Nyaya Sanhita, 2023 punishes: "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 ...". In this definition, the circumstance forming part of the actus reus relates to the
Answer and explanation
Correct answer C
Under section 84 of the Bharatiya Nyaya Sanhita, 2023, the prohibited conduct (taking, enticing away, concealing or detaining) is an offence only when it is directed at a particular kind of person, namely a woman who is, and whom the accused knows or has reason to believe to be, the wife of another man. The actus reus is thus circumscribed by reference to the person, just as it was in the former adultery provision (formerly s.497 IPC).
The provision does not depend on any particular time or place, and motive is not an element of the actus reus; the words "with intent that she may have illicit intercourse with any person" describe the mental element (mens rea).
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