Sections 493 to 498A

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation
caused by a man deceitfully inducing a belief of lawful marriage

494. Marrying
again during lifetime of husband or wife

495. Same
offence with concealment of former marriage from person with whom subsequent
marriage is contracted

496. Marriage
ceremony fraudulently gone through without lawful marriage

497. Adultery

498. Enticing
or taking away or detaining with criminal intent a married woman

CHAPTER XXA

OF CRUELTY BY HUSBAND OR
RELATIVES OF HUSBAND

498A. Husband
or relative of husband of a woman subjecting her to cruelty

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a
man deceitfully inducing a 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.

494. 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 declare
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.

495. Same offence with
concealment of former marriage from person with whom subsequent marriage is
contracted:
- 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.

STATE AMENDMENT

State of Andhra Pradesh Amendment:

Punishment—Imprisonment for
10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992].

496. 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.

STATE AMENDMENT

State of Andhra Pradesh Amendment:

Punishment—imprisonment for
7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].

497. Adultery: - 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 rap, 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 be punishable as an abettor.

STATE AMENDMENT

State of Andhara Pradesh Amendment:

Punishment—Imprisonment for
5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the
first class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].

498. Enticing or 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, form 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.

¹[CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1.
Ins. by Act 46 of 1983, sec. 2.

498A. Husband or relative of husband of a woman subjecting her to
cruelty:
-Whoever, being the husband or the relative of the husband of a woman, subjects
such woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.

Explanation—For the purpose
of this section, “cruelty” means—

(a) Any willful conduct which is of such a
nature as is likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health whether mental or physical) of the
woman; or

(b) Harassment of the woman where such
harassment is with a view to coercing her or any person related to her to meet
any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her meet such demand.]

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