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Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498):

Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are:

a) Mock Marriage

b) Bigamy

c) Adultery

1. Mock Marriage:

Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine.

Ingredients:

a) The accused has done sexual intercourse with the prosecution.

b) He has not legally married to her.

c) She has given a consent for sexual intercourse believing that he would marry.

d) Such belief in her was induced by the accused.

Marriage ceremony fraudulently done without lawful marriage (Sec-496):

As per sec-496,

Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine.

Ingredients:

a) The accused went through the ceremonies of the marriage.

b) He knew that he is not been lawfully married.

c) He went through the marriage fraudulently.

In Kailash Singh

V

State of Rajasthan

In this case, the accused a married man induced a girl saying that he was unmarried.The parents of the girl also believed him and got married along with giving a dowry.At the time of the marriage ceremony the parents came to know the fraudulent act of the accused. The court convicted the accused under sec-496.

2. Bigamy (Sec-494):

1) There is a bigamy if, the second marriage is conducted, when the wife or husband is alive. The second marriage is according to law (e.g. The Hindu Marriage Act 1956) should be void

2) A divorcee may re-marry. There is no bigamy.

3) If the other spouse is continuously unheard for 7 years and above as alive (Evidence Act), there is a presumption of death, and disclosing this, the spouse may re-marry. This is not bigamy.

4) This section does not apply to Muslim male. It applies to Hindu males, females and also to Christians, Parsi, and Jeus.

5) It is essential that the earlier marriage should be valid & subsisting. Further, the second marriage should be valid to a constitute bigamy.

Ingredients:

a) That the accused has already been married to some person.

b) That the accused married another person.

c) That the second marriage is void.

Punishment:

Imprisonment up to 7 years with fine.

In B S Lokhanda

V

State of Maharashtra

The Supreme Court held that the accused is not guilty of bigamy but was acquitted on the grounds that the second marriage is not valid. 

3. Adultery (Sec-497):

As per sec-497,

A man who has:

1) Sexual intercourse with a woman who is or whom he knows or believes to be the wife of another man.

2) Without the consent of the husband, is guilty of Adultery. This act should not amount to rape. The wife is not punishable, but the adulterer is punishable for five years or with fine or both.

Scope:

Adultery is limited to a married woman. It is an offence because it is committed by the third person against the husband, in respect of his wife.The wife is not punishable but adulterer is punished as it is an offence against the husband.

Punishment:

As per the I P C Amendment Bill 2009 the wife and the man are punishable for 2 years.


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