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O ences related to marriage (sec 493 to 498A)

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O ences Relating To Marriage (Indian Penal Code 1860, Section 493 to 498A)
Chapter XX of IPC deals with o ences relating to marriage. All these o ences are within the institution of
marriage. chapter XX-A containing only one section (s.498A) dealing with cruelty to a woman by her husband
or relatives to coerce her and her parents to meet material greed of dowry was added to the IPC by criminal
law (Second amendment act,1983).

Following are main o ences under this chapter:

1. Mock or invalid marriage (section 493 and 496).
2. Bigamy (section 494 and 495).
3. (Adultery (section 497)
4. Criminal elopement- seduction (section498)
5. Cruelty by husband or relatives of husband (section 498A)

Section 493- cohabitation caused by man deceitfully inducing a 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 term which may extend to ten years and shall also be liable to ne. It is
non-cognizable and non-bailable.

Section 496- Marriage ceremony fraudulently gone through without lawful marriage
Whoever dishonestly or with fraudulent intention goes through the ceremony of being married knowing that
he is not thereby lawfully married shall be punished with imprisonment for term which may extend to seven
years and shall also be liable for ne. It is non-cognizable and bailable.

In both the sections woman is cheated by the man into believing that she is legally married to him, but men is
fully aware that the same is not true.

Section 494- Marrying again during lifetime of husband or wife (Bigamy)

Whoever having husband or life living marries in any case in which such marriage is void by reason of its
taking during the life of such husband or wife. Shall be punished with imprisonment of either description for
term which may extend to seven years and shall be liable for ne.

Exception: This section does not extend to any person whose marriage with such husband or wife has been
declared void by court of competent jurisdiction. Any person who contracts marriage during the life of former
husband or wife, if such husband or while at the time of subsequent marriage shall been continually absent
from such person for seven years and shall not been heard by such person as being alive within that time

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10/30/2020 Offences related to marriage (sec 493 to 498A)

provided the person contracting such subsequent marriage takes place, inform the person with whom such
marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Section 495- Same o ences with concealment of former marriage from person with whom subsequent
marriage is contracted.
The essential ingredients are:
1. Existence of a previous marriage.
2. Second marriage to be valid.
3. Second marriage to be void by reason of rst husband or wife living.
4. Non-disclosure of rst marriage.

Whoever commits the o ence de ned in last preceding section having concealed from the person with whom
the subsequent marriage is contracted, the fact of the former marriage shall be punished with imprisonment
of either description for a term which may extend to ten years and shall also be liable to ne.

Pashaura Singh v state of Punjab, AIR 2010 SC 922

In the above case it was held that, the rst marriage should be substituting at the time of second marriage
and should be validly contracted one. If the rst marriage is not a valid marriage, the second marriage does
not amount to bigamy.

Section 497- Adultery

Adultery is sexual intercourse between a married person and someone other than the lawful spouse. Under
law adultery is de ned as a consensual physical correlation between two individuals who are not married to
each other. Adultery is also known as in delity or extra-marital a air which is certainly a moral crime and is
been considered as a sin by almost all religions.

According to section 497 – whoever has sexual intercourse with a person who is and whom he knows or has
reason to believe to be wife of another man, without the consent connivance of that man, such sexual
intercourse not amounting to the o ence of rape, is guilty of the o ence of adultery, and shall be punished
with imprisonment or either description for a term which may extend to ve years, or with ne, or with both.
In such a case wife shall not be punishable as an abettor.

The essential ingredients are:

1. Sexual intercourse between married woman and man who is not her husband.
2. Woman must be married – sexual intercourse by a man, who is the wife of another man.
3. Sexual intercourse must take place with woman consent .i.e.:-it must not constitute rape.
4. Sexual intercourse with married woman must take place without the consent or connivance of her
husband.

Section 498 – Enticing or taking away or detaining with criminal intent a married woman
Whoever takes or entices away any woman who is and whom he knocks or has a reason to believe to be the
wife of any other man, from that man, or from any person having the care of her on behalf of that 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 nem or with both.

Essential ingredients are:

1. Takes or entices away.
2. Woman to be a married woman.

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10/30/2020 Offences related to marriage (sec 493 to 498A)

3. The person enticing or taking away the married woman should have knowledge that she is the wife of
another man.
4. Taken from control of husband or person having care of her on behalf of her husband.
5. Intention to have illicit intercourse.
6. Conceals or detains any such woman.

Alamgir v state of Bihar, AIR 1969 SC 436

It was observed that whilst the wife is living with the husband, man knowingly goes away with her in such a
way as to deprive the husband of his control over her, with the intent to have illicit intercourse, then it
constitutes an o ence within the section.

Section 498A – Cruelty by husband or relatives of husband.

Whoever being husband or relative of husband of a woman, subject such woman to cruelty shall be punished
with imprisonment for term which may extend to three years and shall also be liable to ne.

Explanation: for purpose of this section cruelty means:

a. Any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or to cause
grave injury or danger to life, limb or health (whether physical or mental) of the woman; or
 
b. harassment of the woman where such harassment is with a view to coercing her or any person related
to her to meet any unlawfully demand for any property or valuable security or is on account of failure
by her or any person related to her to meet such demand.

For safeguarding the interest of a woman against cruelty the Indian Penal Code, 1860 was amended in 1983
and S.498Aand S.304B was inserted which deals with “Matrimonial Cruelty” to a women by husband and his
relatives and dowry death respectively. Section 113B was added to Indian Evidence Act, 1872, wherein it as
provide that if it was shown that soon before the death of the woman she was subjected to cruelty or
harassment by person in connection with demand for dowry, then it shall be presumed that such person who
harassed the woman had caused the death of woman.

Inder Raj Malik v. Sunita Malik, 1896 It was held that word “cruelty” is de ned in explanation which inter alia
says that harassment of a women with a view to coerce her or any related persons to meet any lawful demand
for any property or any valuable security is cruelty.

Reema Aggarwal v. Anupam AIR 2004 SC 1418

It was argued that 'husband' of 'second wife' who marries her during the subsistence of his earlier legal
marriage, is not husband within the meaning of section 498A and the second wife, therefore, cannot invoke
section498A for cruelty and harassment caused to her by him or his relatives. The appellant, Reema Aggarwal,
who was harassed by her husband and his relatives for not bringing su cient dowry, consumed poisonous
substance .She admitted that she married him during lifetime of his rst wife. Based on this fact her husband
with others, was charged-sheeted under sections 307 and 498A.

Bibliography:
Books:
a. Criminal law, PSA Pillai.
b. Kenny's outline of criminal law.

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