IPC Sections 493 to 498: Offences Relating to Marriage

Chapter XX of the Indian Penal Code, 1860 contained offences relating to marriage. Sections 493 to 498 addressed deceit inducing a belief of lawful marriage, marrying again during the lifetime of a spouse, concealment of a former marriage, fraudulent marriage ceremonies, the former offence of adultery, and enticing, taking away, concealing or detaining a married woman with the criminal intent specified by Section 498.

Pre-BNS legal position: This article explains the IPC position immediately before commencement of the Bharatiya Nyaya Sanhita, 2023 on 1 July 2024. Section 497 requires separate treatment because the Supreme Court had already declared the adultery offence unconstitutional in 2018. The law applicable to an individual matter depends on the date, facts and relevant saving or transitional provisions.

Sections covered

Section 493 - Cohabitation caused by deceitful belief of lawful marriage
Section 494 - Marrying again during lifetime of husband or wife
Section 495 - Section 494 offence with concealment of former marriage
Section 496 - Fraudulent marriage ceremony without lawful marriage
Section 497 - Adultery: historical text and 2018 constitutional ruling
Section 498 - Enticing, taking away or detaining a married woman with specified criminal intent

Section 493 IPC: Cohabitation Caused by Deceitful Belief of Lawful Marriage

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.

Essential Features of Section 493

The statutory language required deceit by the man, a resulting belief by the woman that she was lawfully married to him although she was not, and cohabitation or sexual intercourse in that belief. The punishment stated by Section 493 was imprisonment of either description for up to ten years and liability to fine.

Section 494 IPC: Marrying Again During Lifetime of Husband or Wife

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.

Exception: This section 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.

Scope and Statutory Exception

Section 494 addressed a subsequent marriage during the lifetime of a husband or wife where the subsequent marriage was void for that reason. Its full statutory exception is important: it covered the circumstances stated above concerning a marriage declared void by a competent court and the specified seven-year absence situation, subject to disclosure of the real state of facts before the subsequent marriage.

Section 495 IPC: Same Offence With Concealment of Former Marriage

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 495 built upon the offence in Section 494. The additional statutory circumstance was concealment of the former marriage from the person with whom the subsequent marriage was contracted. The maximum term stated in Section 495 was ten years, together with liability to fine.

Section 496 IPC: Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage

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.

The provision required a dishonest or fraudulent intention, going through the ceremony of being married, and knowledge that the ceremony did not thereby create a lawful marriage. The punishment stated was imprisonment of either description for up to seven years and liability to fine.

Section 497 IPC: Adultery - Historical Provision Struck Down in 2018

Legal status before BNS: Section 497 was no longer an enforceable criminal offence by the period immediately preceding commencement of BNS. On 27 September 2018, the Constitution Bench of the Supreme Court in Joseph Shine v. Union of India declared Section 497 unconstitutional. Its former statutory text is retained below for historical reference.

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.

The source page correctly records the Supreme Court ruling dated 27 September 2018. Accordingly, the former punishment stated in the text above is historical and should not be presented as the enforceable criminal-law position immediately before BNS commenced.

Section 498 IPC: Enticing, Taking Away or Detaining With Criminal Intent a Married Woman

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.

Knowledge and Intent Under Section 498

The text required knowledge or reason to believe that the woman was the wife of another man and the particular intent specified in the section. It covered taking or enticing away from the husband or a person having care of her on his behalf, and concealing or detaining her with that intent. The punishment stated was imprisonment of either description for up to two years, or fine, or both.

Punishments Under Sections 493 to 498 IPC

Section	Subject	IPC punishment or status before BNS
493	Deceitfully causing belief of lawful marriage leading to cohabitation or sexual intercourse	Up to 10 years and fine
494	Marrying again during lifetime of husband or wife in circumstances stated by the section	Up to 7 years and fine, subject to the statutory exception
495	Section 494 offence with concealment of former marriage	Up to 10 years and fine
496	Fraudulent marriage ceremony without lawful marriage	Up to 7 years and fine
497	Former adultery offence	Declared unconstitutional by the Supreme Court on 27 September 2018; former punishment was up to 5 years, or fine, or both
498	Enticing, taking away, concealing or detaining a married woman with the intent specified	Up to 2 years, or fine, or both

Related IPC Provision: Section 498A

Section 498A IPC separately dealt with a husband or relative of the husband of a woman subjecting her to cruelty. It should not be confused with Section 498, which had different statutory language and ingredients.

Legal information: This article explains the IPC position and historical Section 497 for general information. The law applicable to a particular matter depends on the date, facts, applicable personal law where relevant, judicial decisions and statutory saving provisions.