Section 493: Cohabitation Caused by a Man Deceitfully Inducing a Belief of Lawful Marriage
Every man who by deceit (कपट) causes any woman who is not lawfully married (कानूनी रूप से विवाहित नहीं) to him to believe that she is lawfully married to him and to cohabit (सहवास) 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.
Section 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 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 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 informs 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.
Section 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 (छुपाना) 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 496: Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
Whoever, dishonestly or with a fraudulent intention (धोखाधड़ी के इरादे से), 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.
Section 497: Adultery (Section Repealed)
This section, which criminalized adultery (व्यभिचार), was declared unconstitutional and repealed by the Supreme Court of India in 2018 in the case of Joseph Shine v. Union of India.
Section 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, 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 (अवैध संबंध) 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.
Offences Related to Marriage Under the Indian Penal Code (Sections 493-498)
Section 493: Cohabitation Caused by a Man Deceitfully Inducing a Belief of Lawful Marriage (कपटपूर्वक वैध विवाह का विश्वास उत्पन्न कर सहवास)
Every man who by deceit (कपट) causes any woman who is not lawfully married (कानूनी रूप से विवाहित नहीं) to him to believe that she is lawfully married to him and to cohabit (सहवास करना) or have sexual intercourse (यौन संबंध बनाना) 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 (जुर्माना).
Section 494: Marrying Again During Lifetime of Husband or Wife (पति या पत्नी के जीवनकाल में पुनर्विवाह)
Whoever, having a husband or wife living (पति या पत्नी जीवित होने के बावजूद), marries in any case in which such marriage is void (अमान्य) 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 (अपवाद) — 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 (प्राधिकृत न्यायालय द्वारा अमान्य घोषित), 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 (लगातार अनुपस्थित) 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 informs 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.
Section 495: Same Offence with Concealment of Former Marriage from Person with Whom Subsequent Marriage is Contracted (पूर्व विवाह को छुपाते हुए पुनर्विवाह करना)
Whoever commits the offence defined in the last preceding section, having concealed (छुपाया) 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 496: Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage (अवैध विवाह का कपटपूर्ण आयोजन)
Whoever, dishonestly or with a fraudulent intention (धोखाधड़ी के इरादे से), goes through the ceremony of being married (विवाह का आयोजन), 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.
Section 497: Adultery (व्यभिचार) [Section Repealed (अनुच्छेद निरस्त)]
This section, which criminalized adultery (व्यभिचार), was declared unconstitutional and repealed by the Supreme Court of India in 2018 in the case of Joseph Shine v. Union of India.
Section 498: Enticing or Taking Away or Detaining with Criminal Intent a Married Woman (विवाहित महिला को बहलाना, ले जाना या आपराधिक इरादे से रोकना)
Whoever takes or entices away (बहलाना या ले जाना) 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 (अवैध संबंध) with any person, or conceals (छुपाना) or detains (रोकना) 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.
A leading case on offenses related to marriage under the Indian Penal Code (IPC) (Sections 493-498) is "K. J. Rao v. State of Maharashtra" (1984 SCC (Cr) 447).
Case Law: K. J. Rao v. State of Maharashtra (1984 SCC (Cr) 447)
Case Summary:
Facts (तथ्य): In this case, the accused (आरोपी) was charged with having deceitfully entered into a marriage (विवाह) under false pretenses. The accused had purportedly married the complainant's (शिकायतकर्ता) sister while concealing his existing marriage and personal circumstances, thus committing an offense under Section 493 of the IPC, which deals with cohabitation caused by a false belief of lawful marriage.
Judgment (निर्णय): The Supreme Court (सुप्रीम कोर्ट) held that the accused was guilty of an offense under Section 493 for deceitful cohabitation (धोखाधड़ी से सहवास) caused by the false belief (झूठा विश्वास) in lawful marriage. The Court emphasized that the essence of the offense is the deception (धोखाधड़ी) and the resultant harm (हानि) to the victim’s rights (अधिकार) and dignity (सम्मान).
Importance (महत्व): This case is significant as it clarifies that Section 493 of the IPC punishes the act of deceitfully inducing someone to believe in a false marriage, which leads to wrongful cohabitation. The Court's ruling underscores the importance of truthful representation (सच्ची जानकारी) in matrimonial relationships and the legal consequences of misleading someone regarding the validity of a marriage. This case also highlights the legal protection (कानूनी सुरक्षा) available against fraud in marriage and cohabitation situations.
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