IPC Sections 493 to 498: Offences Relating to Marriage
Chapter XX of the Indian Penal Code, 1860 dealt with specified offences relating to marriage. Sections 493 to 496 addressed deceit concerning lawful marriage, bigamy, concealment of a former marriage and fraudulent marriage ceremonies. Section 497 historically criminalized adultery but was declared unconstitutional by the Supreme Court in 2018. Section 498 dealt with enticing, taking away or detaining a married woman with the criminal intent specified in that provision.
- Section 493 - deceitful belief of lawful marriage
- Section 494 - marrying again during lifetime of spouse
- Section 495 - concealment of former marriage
- Section 496 - fraudulent marriage ceremony
- Section 497 - adultery and Joseph Shine
- Section 498 - enticing, taking away or detaining married woman
- Punishment and classification
- CrPC Section 198 and prosecution
Section 493 IPC - Cohabitation caused by deceitful belief of lawful marriage
Section 493 applied where a man, by deceit, caused a woman who was not lawfully married to him to believe that she was lawfully married to him and, in that belief, to cohabit or have sexual intercourse with him.
The provision therefore required more than a false promise or an unsuccessful marriage. Its statutory focus was deceit causing the woman to believe that a lawful marriage existed and cohabitation or sexual intercourse resulting from that belief.
Section 494 IPC - Marrying again during lifetime of husband or wife
Section 494 dealt with contracting a second marriage while a husband or wife was living where the later marriage was void by reason of its taking place during the lifetime of that spouse. The section contained statutory exceptions, including specified situations involving prolonged absence and circumstances in which the former marriage had been declared void by a competent court.
Application of Section 494 could therefore require examination of the validity and subsistence of the first marriage and whether the alleged second marriage satisfied the legal requirements necessary for the offence.
Section 495 IPC - Bigamy with concealment of former marriage
Section 495 was an aggravated form of the Section 494 offence. It applied where the person committing the later marriage concealed from the person with whom that marriage was contracted the fact of the former marriage.
Section 496 IPC - Fraudulent marriage ceremony without lawful marriage
Section 496 applied where a person dishonestly or with fraudulent intention went through the ceremony of being married while knowing that he or she was not thereby lawfully married. The required dishonest or fraudulent intention and knowledge that the ceremony did not create a lawful marriage were therefore material ingredients.
Section 497 IPC - Adultery: declared unconstitutional in 2018
Section 497 formerly created the IPC offence of adultery. However, on 27 September 2018, a Constitution Bench of the Supreme Court in Joseph Shine v. Union of India declared Section 497 unconstitutional. The corresponding part of Section 198 CrPC dealing with prosecution for that offence was also held unconstitutional.
The judgment concerned criminal liability for adultery. It did not mean that adultery could have no relevance under other areas of law, such as matrimonial proceedings where the applicable law makes it relevant.
Section 498 IPC - Enticing, taking away or detaining a married woman
Section 498 applied where a person took or enticed away a woman whom he knew or had reason to believe to be the wife of another man, from that man or from a person having care of her on his behalf, with the intent specified by the section, or concealed or detained such woman with that intent.
Section 498 IPC should not be confused with Section 498A IPC. Section 498A was located in Chapter XXA and separately dealt with cruelty by a husband or relative of a husband.
IPC Sections 493 to 498: punishment, bail and classification
The table states the central-law position immediately before 1 July 2024. Section 497 is shown according to its constitutional status following Joseph Shine, rather than as an operative offence.
| IPC Section | Offence | Punishment / status | Cognizable | Bail | Triable by |
|---|---|---|---|---|---|
| 493 | Deceit causing belief of lawful marriage and resulting cohabitation or sexual intercourse | Up to 10 years and fine | Non-cognizable | Non-bailable | Magistrate of the first class |
| 494 | Marrying again during lifetime of husband or wife | Up to 7 years and fine | Non-cognizable | Bailable | Magistrate of the first class |
| 495 | Section 494 offence with concealment of former marriage from person with whom subsequent marriage is contracted | Up to 10 years and fine | Non-cognizable | Bailable | Magistrate of the first class |
| 496 | Fraudulently going through marriage ceremony knowing no lawful marriage results | Up to 7 years and fine | Non-cognizable | Bailable | Magistrate of the first class |
| 497 | Adultery | Declared unconstitutional by Supreme Court on 27 September 2018; no operative IPC criminal punishment as at 30 June 2024 | Not applicable as an operative offence | Not applicable | Not applicable |
| 498 | Enticing, taking away or detaining with criminal intent a married woman | Up to 2 years, or fine, or both | Non-cognizable | Bailable | Any Magistrate |
CrPC Section 198 - prosecution for offences against marriage
Offences under Chapter XX were also subject to the special cognizance rules in Section 198 of the Code of Criminal Procedure, 1973. Broadly, the court could not take cognizance of an offence punishable under Chapter XX except upon a complaint made by a person aggrieved by the offence, subject to the detailed statutory exceptions and rules concerning who could complain in specified circumstances.
For Sections 494 and 495, Section 198 contained additional provisions concerning who would be treated as a person aggrieved. The procedural requirements should therefore be checked alongside the substantive IPC section before assessing a complaint.
Key points
Marriage validity can be central to Sections 494 and 495. These provisions are not determined merely by proof that two ceremonies occurred. The legal subsistence and validity of the relevant marriages and the ingredients of the penal provision must be established.
Section 497 should not be described as an operative pre-BNS offence in 2024. Its presence in the bare text does not reverse the binding constitutional judgment that invalidated it in 2018.
Section 498 and Section 498A are different offences. Section 498 concerned specified conduct involving a married woman, whereas Section 498A separately criminalized cruelty by a husband or his relative.