Offences Relating to Marriage Under Criminal Law: A Comprehensive 1000-Word Explanation
Marriage is one of the most sacred institutions in Indian society, forming the foundation of family life and social stability. To protect the sanctity of marriage, the Indian Penal Code (IPC), 1860, lays down various provisions that criminalize behaviour which threatens marital relationships, such as bigamy, adultery (historically), fraudulent marriage, and mock marriages performed with dishonest intent. These provisions ensure that marital rights—especially those of women—are safeguarded from deception, exploitation, and abuse.
Understanding offences relating to marriage is a crucial part of the Law of Crimes, as these offences blend personal relations with legal consequences. This article explains, in a human-friendly and SEO-optimized manner, the key offences relating to marriage under IPC, their legal meanings, essential ingredients, and the broader social purpose behind these laws.
1. Bigamy – Section 494 IPC
Meaning
Bigamy occurs when a person contracts a second marriage while their first marriage is still subsisting, and the spouse is alive.
Essential Ingredients
- The accused must have a valid first marriage.
- The first spouse must be alive at the time of the second marriage.
- The second marriage must be performed with proper ceremonies.
- The accused must have knowledge that the first marriage is still in existence.
Legal Consequences
Punishable with up to 7 years imprisonment and fine.
Purpose of the Law
Bigamy protects marital stability, prevents exploitation of women, and ensures that no spouse is cheated or deprived of their legal status.
2. Bigamy with Concealment of Former Marriage – Section 495 IPC
This provision is a more serious form of bigamy.
Meaning
When a person, who is already married, conceals the fact of their previous marriage from the person they are marrying again.
Punishment
Up to 10 years imprisonment and fine.
Why It Is Considered More Serious
Concealment involves deliberate fraud and emotional exploitation. The law treats this as a grave betrayal of trust.
3. Marrying Again During Lifetime of Husband or Wife – Section 494 vs. Section 497 (Historical)
Before 2018, adultery was a criminal offence under Section 497 IPC. However, adultery is now decriminalized after the Supreme Court ruling in Joseph Shine vs. Union of India, but it still remains a ground for civil divorce.
Thus, in offences related to marriage today, bigamy holds greater importance than adultery in the criminal context.
4. Adultery (Before 2018) – Section 497 IPC — Now Decriminalized
Once considered a crime committed by a man who had sexual relations with another man’s wife, adultery was criticized for being discriminatory.
In 2018, the Supreme Court held that criminalizing adultery was unconstitutional as it violated equality and personal liberty.
Current Legal Status
- Not a criminal offence.
- Still a ground for divorce, judicial separation, or dissolution of marriage under personal laws.
5. Enticing or Taking Away a Married Woman – Section 498 IPC
Meaning
This offence applies when a person takes away or entices a married woman with the intent of having illicit intercourse with her.
Ingredients
- Woman must be married.
- The accused must entice or take her away.
- There must be intent of illicit sexual relations.
Objective
To prevent the breakdown of marriages due to outside interference and to discourage immoral influence or manipulation.
6. Husband or Relatives of Husband Subjecting Woman to Cruelty – Section 498A IPC
Section 498A is one of the most important legal protections for married women.
Meaning of Cruelty
Cruelty includes:
- mental or physical harassment,
- conduct driving the woman to suicide,
- harassment for dowry,
- repeated acts causing severe distress.
Punishment
Up to 3 years imprisonment and fine.
Social Importance
This section was introduced to combat:
- Dowry-related violence,
- Domestic abuse,
- Harassment by husband or in-laws.
498A stands as a shield against marital cruelty and remains a powerful instrument for protecting women’s rights.
7. Mock Marriages or Fraudulent Marriage Ceremonies – Section 496 IPC
Meaning
If a person dishonestly goes through a marriage ceremony, knowing that the marriage is not legally valid, they commit an offence.
Examples
- Pretending to marry someone without intending it to be a real marriage.
- Conducting sham rituals to deceive a person into believing they are legally married.
Punishment
Up to 7 years imprisonment and fine.
Why It Matters
This protects individuals—especially women—from deception, exploitation, and false promises of marriage which often lead to emotional and financial harm.
8. Cohabitation Caused by a Man Deceitfully Inducing a Woman to Believe She Is Lawfully Married – Section 493 IPC
Meaning
This section applies when a man dishonestly induces a woman to believe she is lawfully married to him, leading her to cohabit or have sexual intercourse with him.
Key Elements
- Deception by the man.
- Woman believes she is lawfully married.
- Cohabitation or sexual relations occur on that belief.
Punishment
Up to 10 years imprisonment and fine.
Importance
Protects women from fake promises of marriage, false identities, and deceitful practices often used to exploit their trust.
9. Fraudulent Marriage by Impersonation – Section 496 IPC (Related Concept)
A form of deceit includes impersonating another person in a marriage ceremony to obtain consent. This can be combined with cheating, fraud, and Section 493 IPC depending on circumstances.
Mnemonic Sentence to Remember Offences Relating to Marriage
“Big Cheating Can Break Sacred Marriages.”
Where:
- Big → Bigamy (Sec. 494)
- Cheating → Concealment of former marriage (Sec. 495)
- Can → Cohabitation by deceit (Sec. 493)
- Break → Bigamy + cruelty (Sec. 498A)
- Sacred → Sham/fraudulent marriages (Sec. 496)
- Marriages → Married woman enticed (Sec. 498)
About lawgnan
To explore more clear, structured, and exam-oriented explanations of criminal law topics such as bigamy, cruelty, fraudulent marriage, and other offences under IPC, visit Lawgana.in today. Our platform offers simplified notes, case summaries, conceptual breakdowns, and mnemonics designed for law students, judiciary aspirants, and legal researchers. With regularly updated legal content, Lawgana.in helps you strengthen your understanding, improve answer-writing skills, and stay fully prepared for competitive exams. Click the link and continue learning with India’s most student-friendly legal knowledge platform.
