Offences Relating to Marriage
Offences Relating to Marriage (IPC, Chapter XX – Sections 493–498A)
The IPC deals with certain offences that disturb the sanctity of marriage. These offences are meant to protect individuals (especially women) from fraud, deceit, cruelty, and illegal marriages.
1. Section 493 – Cohabitation by a Man Fraudulently Inducing a Belief of Lawful Marriage
If a man deceives a woman into believing that she is lawfully married to him and induces her to cohabit → he is guilty.
Punishment: Up to 10 years imprisonment + fine.
Case Law:
Abdul Khadar v. State of Mysore (1969) – Accused induced woman to cohabit under false promise of marriage → convicted under Sec. 493.
2. Section 494 – Marrying Again During Lifetime of Husband or Wife (Bigamy)
If a married person marries again during the lifetime of spouse, the second marriage is void.
Exception:
If first marriage is void/annulled
Or spouse is absent for 7 years and not heard of.
Punishment: Up to 7 years imprisonment + fine.
Case Law:
Bhaurao Shankar Lokhande v. State of Maharashtra (1965) – Second marriage must be proved valid under law to constitute offence.
3. Section 495 – Same as 494, but with Concealment of Former Marriage
If a person conceals the fact of former marriage from the new spouse, it is a graver offence.
Punishment: Up to 10 years imprisonment + fine.
Case Law:
Kollam Chandra Sekhar v. Kollam Padma Latha (2014) – Husband concealed first marriage; SC upheld conviction.
4. Section 496 – Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
If a person dishonestly goes through marriage ceremony without lawful marriage (knowing it is not valid), he is guilty.
Punishment: Up to 7 years imprisonment + fine.
Case Law:
Priya Bala Ghosh v. Suresh Chandra Ghosh (1971) – False ceremonies for unlawful purpose fall under Sec. 496.
5. Section 497 – Adultery ❌ (Now Decriminalized)
Earlier, adultery (sexual intercourse with someone’s wife without consent of husband) was punishable.
Status Now: In Joseph Shine v. Union of India (2018), SC struck down Section 497 as unconstitutional (violated equality and dignity of women).
Adultery remains a ground for divorce, not a criminal offence.
6. Section 498 – Enticing or Taking Away or Detaining Wife of Another Man
If anyone takes/entices away a married woman from her husband or detains her with criminal intent, it is punishable.
Punishment: Up to 2 years imprisonment + fine.
Case Law:
Ram Chandra Bhagat v. State of Jharkhand (2013) – Detaining wife of another man with ill intent amounts to offence.
7. Section 498A – Cruelty by Husband or Relatives of Husband
If husband or his relatives subject wife to cruelty (mental or physical harassment, especially related to dowry), it is punishable.
Punishment: Up to 3 years imprisonment + fine.
Note: This section is non-bailable, cognizable.
Case Law:
Sushil Kumar Sharma v. Union of India (2005) – SC held Sec. 498A constitutional, but warned against misuse.
Arnesh Kumar v. State of Bihar (2014) – Guidelines given to prevent automatic arrests under Sec. 498A.
Tabular Summary
| Section | Offence | Punishment |
|---|---|---|
| 493 | Cohabitation by deceitful inducement of marriage | 10 yrs + fine |
| 494 | Bigamy (second marriage during spouse’s lifetime) | 7 yrs + fine |
| 495 | Bigamy with concealment of former marriage | 10 yrs + fine |
| 496 | Fraudulent marriage ceremony without lawful marriage | 7 yrs + fine |
| 497 | Adultery (❌ struck down in 2018) | No longer an offence |
| 498 | Enticing/detaining another’s wife | 2 yrs + fine |
| 498A | Cruelty by husband or his relatives | 3 yrs + fine |
✅ In short:
Offences relating to marriage protect the sanctity of marriage, dignity of women, and prevent fraud/bigamy/cruelty.
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