OFFENCES RELATING TO MARRIAGE

To prevent deceitful practices adversely affecting the marriage and relations of husband and wife, this chapter is included in the Indian Penal Code. Mainly, women are the victim to an offence relating to marriage. This Chapter comprises of sections 493 to 498, IPC. 

SECTION 493 - COHABITATION CAUSED 


Every man who practises deception on a woman who is not lawfully married to him to believe that she is lawfully married to him and induces her to have sexual intercourse with him, shall be punished with imprisonment which may extend to ten years and also be liable to fine. 

The essential ingredients under Section 493 are as follows:- 
1. There must have been practised deception by the accused ;
2. Such deception practised with the intention to induce a woman to believe that she is lawfully married to him ; and
3. Induces the woman to have sexual intercourse with him. 

In Akshaya Kumar v. State, (1998) Cr LJ 1757 (Ori), the Court observed that where the woman knows that the man is not her legally married husband and what the man is stating is untrue and she still allows that man to have sexual intercourse with her, no offence is constituted against that man under this section. 

SECTION 494 - MARRYING AGAIN


Whoever, during existence of first husband or wife, marries again constituting an offence of bigamy under this section shall be punished with imprisonment of seven years and also be liable to fine. 

The two exceptions provided by this section are as follows:- 
1. If the first marriage with such husband or wife has been declared void ; 
2. If such husband or wife has been continually absent for over seven years and not heard of as being alive, and this fact is known by the person with whom the second marriage is being contracted. 

The provisions of this section does not apply to Mohammedan males and only applies to Mohammedan females and Hindus, Parsis and Christians, whether male or female.

The Supreme Court in Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1153, observed that where a person keeps a mistress or a concubine and a mistress or concubine does not enjoy the status of wife, the provisions of Section 494 are not attracted.  

SECTION 495 - CONCEALMENT OF FIRST MARRIAGE 


Where a person conceals the fact of his first marriage from the person with whom he is going to contract subsequent marraige, shall be punished with ten years of imprisonment and also be liable to fine. 

SECTION 496 - DISHONEST AND FRAUDULENT ABUSE OF MARRIAGE


Whoever performs marriage with a dishonest or fraudulent intention knowing that he is not thereby lawfully married, shall be punished with seven years of imprisonment and also be liable to fine. 

SECTION 497 - ADULTERY 


An offence committed by a third person against a husband with his wife as per the definition of adultery as given in this section. It is necessary that the adulterer must know that the woman is married. 

The essential ingredients under section 497 are as follows:- 
1. Sexual intercourse by a third person against a husband with his wife ; 
2. Without the consent of such husband ; 
3. Such sexual intercourse not amounting to rape. 

SECTION 498 - ENTICING OR TAKING AWAY 


Enticing or taking away a married woman thereby depriving the husband of her control with the intention that she may have illicit intercourse with any person shall be punished with imprisonment of 2 years and also with fine. 

The essential ingredients under section 498 are as follows:- 
1. Concealing, detaining, enticing or taking away a married woman thereby depriving the husband of her control ; 
2. With the intention that the woman may have illicit intercourse with any person ; 
3. With knowledge that the woman is a married woman. 

The High Court of Calcutta, in Narayan Chandra v. Kamlakshya Das & Another, 1984 Cr LJ (NOC) 101 (CAL), held that the accused would be guilty of an offence under Section 498 where he had detained a married woman with the intent that she would have illicit intercourse with some other man.



Reference Links:


  1. https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&sectionId=46280&sectionno=493&orderno=556
  2. https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&sectionId=46281&sectionno=494&orderno=557
  3. https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&sectionId=46282&sectionno=495&orderno=558
  4. https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&sectionId=46283&sectionno=496&orderno=559
  5. https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&sectionId=46284&sectionno=497&orderno=560

No comments:

Post a comment

Ad 1

Followers

Home

Subscribe Us Our Food Channel

Blog Archive

Newsletter

Translate

Powered by Blogger.