Offences Relating to Marriage | Criminal Law for Judiciary Exams PDF Download

Introduction

The Indian Penal Code, 1860 (IPC), encompasses various sections concerning offences related to marriage, addressing acts such as domestic violence, bigamy, adultery, concealing prior marriages, and fraudulent conduct during wedding ceremonies.

Section 498-A: The Cruelty Law

Section 498-A, known as The Cruelty Law, aims to safeguard women from cruelty and domestic violence, reinforcing their Fundamental Right to Life and Dignity as per the Constitution of India. This section is pivotal in providing legal protection to women facing abuse within marriage.

Other Offences Related to Marriage in IPC

• Mock marriages (Section 493)
• Bigamy (Sections 494 and 495)
• Fraudulent Marriage (Section 496)
• Adultery (Section 497)
• Criminal Elopement (Section 498)

Offences Relating to Marriage in the Indian Penal Code

The offences relating to marriage under IPC are:

Concealing Previous Marriage

Section 495 of the IPC penalizes individuals who hide their prior marriage when entering into a subsequent marriage. This act can lead to imprisonment for up to ten years, along with a fine.

Fraudulent Wedding Ceremonies

Section 496 deals with fraudulent conduct during wedding ceremonies, imposing a jail term of up to seven years and a fine on those who deceitfully engage in a marriage ceremony without lawful intent.

Adultery

Adultery, previously governed by Section 497, resulted in imprisonment for up to five years. However, this section has been decriminalized. Adultery remains a significant ground for divorce, emphasizing the importance of marital fidelity.

Enticement of Married Women

• Section 498 of the IPC addresses the enticement of married women for illicit relations, prescribing a two-year jail term for individuals engaging in such acts. Deception and fraudulent intent are crucial elements under this section.
• Sections 493 and 496 require mens rea, emphasizing deceit and fraudulent intentions leading individuals to believe in a false marital status. These sections are essential in safeguarding the sanctity of marriage and ensuring legal accountability.

Landmark Judgements

• Subhransu Sekhar Samantray v. The State (2002): In this particular case, the Orissa High Court made a significant ruling. It stated that if the prosecutrix initially resisted the accused's advances but later submitted herself to him after certain declarations, it constituted an offense under Section 493 of the IPC.
• Kashuri v. Ramaswamy (1978): Here, the court highlighted that evidence of sexual intercourse could be derived from the surrounding circumstances since direct evidence was usually scarce in cases related to marriage offenses.
• Alamgir v. State of Bihar (1958): This case established that taking another man's wife with the intention of engaging in illicit intercourse and depriving the husband of control over her would be considered an offense under Section 498.
• Mohd. Hoshan vs. State of A.P (2002): The Supreme Court concluded that cruelty between individuals was a subjective matter dependent on factors like the victim's sensitivity, socio-economic background, and education.
• Sushil Kumar Sharma vs. Union of India and others (2005): This landmark case emphasized that Section 498A aimed to combat the dowry system. However, instances of false complaints and misuse of this provision have been noted, leading to discussions on its retention for societal benefit.
• Arnesh Kumar v. State of Bihar and Anr (2014): In this case, the Supreme Court directed that arrests should not be made immediately in Section 498A cases to prevent false complaints. Guidelines were laid down for police procedures to avoid wrongful arrests.

Conclusion

Offenses related to marriage carry severe consequences. From bigamy to fraudulently conducting wedding ceremonies, these crimes have been subject to intense legal scrutiny. The Indian Penal Code prescribes strict penalties like imprisonment and fines for those found guilty.