Offences relating to marriage under IPC

Section 493 to 498 A, of the Indian Penal Code, 1860 deals with the offences relating to marriage. Section 493 of Indian Penal Code deals with the offence of Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

By virtue of Section 493, 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.

Thorough reading of above mentioned Section makes it clear that, in order to constitute an offence under Section 493 of IPC, it shall have following two essential ingredients;

  1. Deceit causing a false belief in the existence of a lawful marriage; and
  2. Cohabitation or sexual intercourse with the person causing such belief

Section 494 of Indian Penal Code deals with the offence of Marrying again during lifetime of husband or wife. By virtue of said section, whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

However, Section 494 does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such 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.

Further, whoever commits the same offence with concealment of former marriage from person with whom subsequent marriage is contracted, the fact of the former marriage, shall be punished under Section 495 of Indian Penal Code, with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 496 of Indian Penal Code deals with the offence of Marriage ceremony fraudulently gone through without lawful marriage. By virtue of Section 496 of IPC whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

By virtue of Section 497 of Indian Penal Code, whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Section 498 of Indian Penal Code deals with the offence of Enticing or taking away or detaining with criminal intent a married woman. By virtue of Section 498 of Indian Penal Code, 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, 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 fine, or with both.

By virtue of Section 498 A of Indian Penal Code, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. For the purpose of this Section, the term “cruelty” means;

  1. any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
  2. harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful 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.

This is one of the Sections in the Indian Penal Code, which is widely misused. Read more on the misuse of sexual harassment laws in India.

[Breaking] Husband’s right to extramarital relationship accepted

The question came before the Honourable Supreme Court in Ghusabhi Raisangbhai Chorasiya v(45cm) IHマイスター 寸胴鍋. State of Gujarat【】 【まとめ買い】【キクロン】【ドルフィン】DNー7 抗菌アルミロンS【大袋個】×240個セット (4975810181767), was that【正規保証2年】 boby wagon/ボビーワゴン 2段2トレイ ベージュ [キャスタ付きワゴンはboby wagon ボビーワゴン 2段2トレイ], whether husband’s extramarital relationship amounts to cruelty within the meaning of Section 498A【取寄せ】ディズニー Disney 白雪姫 7人の小人たち プリンセス 壁紙 デカール シール ステッカー 子供部屋 装飾 壁画 アート ミューラル ウォールステッカー 子供用 女の子 男の子 [並行, of IPC? A Division Bench of the Supreme Court comprising of Justice Dipak Misra and Justice SVitamix/ヴァイタミックス 2L プロ750(7年保証付き) シルバー.J Mukhopadhayay学習デスク 天然木 ヒカリサンデスクパティナデスク100 PATINA100cm幅デスク かどう固定ワゴン L棚セットカラー:ナチュラル/ウォールナット照明:HLE-140(LED)/HL-340(蛍, observed thatアコーデオンドア!トーソー アコーデオンドア クローザ エクセル TD-5059/TD-5060 グレーベル?フリージェ, if husband has developed some intimacy with another【まとめ買い】【樹脂猫置物シリーズ】猫フック!一匹! 【96点】seiwa, during the subsistence of marriage and failed to discharge his marital obligationsベスタル 腕時計 Vestal Destroyer Watch Rosegold/Rosegold/White, One Size, as such would not amount to “cruelty”ビューティ マッサージベッド TB-235, within the meaning of Section 498A, but it must be of such a nature as is likely to drive the spouse to commit suicide to fall within the Explanation to Section 498-A IPC.

Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman amounts to cruelty. Or in other words, cruelty means harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful 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.

By virtue of Section 498A of Indian Penal Code (IPC), whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend upto three years and shall also be liable to fine.

This was a case, where one of the appellant was convicted under Sections 498A, 306, 201 and 114 of Indian Penal Code, where his wife committed suicide after she came to know about the extramarital affair. Accordingly, the question, whether husband’s extramarital relationship amounts to cruelty, placed before the Supreme Court.

However, court in the light of its earlier judgement in Pinakin Mahipatray Rawal v. State of Gujarat, observed that, if the extramarital relationship of a husband is of such nature where, is likely to drive the wife to commit suicide, then it would fall under the ambit of Explanation appended to Section 498A.

Read Full Judgement of Ghusabhi Raisangbhai Chorasiya v. State of Gujarat decided on 18-02-2015

Marriages are ruined by false cruelty cases, says Supreme Court

A bench of Chief Justice H L Dattu and A K Sikri of the Apex court while dismissing a woman’s petition who had appealed against a trial court’s decision said false complaints under Section 498A of Indian Penal Code (IPC) against innocent in-laws alleging cruelty and harassment at matrimonial homes were increasingly making the husbands adamant not to take back their wives.

The bench further observed that, “for no fault, the in-laws, especially old parents of the husband, are taken to jail the moment a false complaint is filed against them by a woman under Section 498A. By roping in in-laws without a reason and for settling a score with the husband, the false and exaggerated 498A complaints are causing havoc to marriages.”

While dismissing petition filed by the woman, who had appealed against a trial court’s decision not to permit her lead evidence against the two brothers of her husband, the bench said, “There is an increasing hardening of stand among husbands, whose parents had been arrested in false 498A cases, not to take back the wife. They say they are willing to give her all the property, they will take care of the children’s education and marriage but will not take her back.”

Bench further added, “They take a plea before the court that they may have committed a mistake but for that punishing their old parents on a false complaint was not condonable. The false complaints under Section 498A are ruining marriages.” Court further advised the woman who filed the complaint under Section 498A of Indian penal Code that, “When you file complaints under Section 498A, be circumspect and truthful. Do not drag old parents if they had no role in causing any harassment to you. You unnecessarily involve old people in your complaint; and you end up ruining the marriage.”

Apex court in its recent judgment ruled that even a single false dowry complaint against the husband and in-laws was sufficient ground for courts to grant decree of divorce to annul the marriage.