IPC Section 498
Section 498 IPC – Enticing or taking away or detaining with criminal intent a married woman
Essence of the Section
This section punishes any person who entices, takes away, or keeps a married woman with criminal intent, knowing that she is married and without the consent of her husband.
Key Ingredients
To attract Section 498, these elements must be present:
Woman must be married
The protection is specifically for a married woman.
Act of the accused
The accused must have:
Enticed her (persuaded, lured, or influenced), or
Taken her away from her husband, or
Detained her (kept her somewhere).
Criminal intent
The act must be done with a criminal intent (usually implying illicit relations, immoral purposes, or dishonorable motives).
Knowledge
The accused must know that the woman is married.
Without husband’s consent
If the husband has consented, Section 498 does not apply.
Punishment
Imprisonment: Up to 2 years
Fine: May also be imposed
Or both imprisonment and fine
Example
A man persuades a married woman to run away with him for an illicit relationship, knowing she has a husband.
A person keeps a married woman confined in his house against her husband’s consent with wrongful or immoral intent.
Purpose of Section 498
To protect marital relationships from outside interference.
To punish those who try to entice or detain a married woman for illicit purposes.
It safeguards the husband’s legal rights in the marriage.
⚖️ Important Note
Section 498 IPC (enticing a married woman) is different from Section 498A IPC (cruelty by husband or relatives of husband).
498 IPC → Targets a third person interfering with a married woman.
498A IPC → Targets the husband or his relatives for cruelty against the wife.
✅ In summary:
Section 498 IPC punishes anyone who entices, takes away, or detains a married woman with criminal intent, knowing she is married, without her husband’s consent. The punishment is up to 2 years imprisonment, or fine, or both.
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