Critical Essay on Offences Relating to Marriage Under Criminal Law
Offences relating to marriage under Indian criminal law address activities that undermine the sanctity, legality, and social stability of the marital institution. The Indian Penal Code (IPC) treats marriage not just as a personal relationship but also as a social and legal commitment with far-reaching implications. Because marriage affects the rights, duties, and status of individuals, the law intervenes whenever this institution is threatened, misused, or exploited. Offences such as bigamy, adultery (before its decriminalization), mock marriages, fraudulent ceremonies, and marriage with deceitful intent have remained contentious in both legal and social debates.
The purpose of these laws is to protect the rights of spouses, prevent exploitation, promote societal order, and uphold public morality. At the same time, the dynamics surrounding marriage have evolved with changing social standards, constitutional values, and gender equality principles. Thus, offences relating to marriage must be studied not only through statutory provisions but also through judicial trends and contemporary social realities.
Legal Framework Governing Marriage-Related Offences
The primary legal provisions on offences relating to marriage are found in Chapter XX of the Indian Penal Code (Sections 493 to 498). These sections aim to prevent fraud, coercion, deception, and exploitation within the institution of marriage.
Some of the most important offences include:
- Deceitful inducement to believe in a lawful marriage (Section 493)
- Cohabitation caused by deceit (Section 494)
- Bigamy (Section 494 and 495)
- Fraudulent marriage (Section 496)
- Marriage ceremony dishonestly performed (Section 496)
- Adultery (Section 497) – now decriminalized
- Enticing or detaining a married woman (Section 498)
These provisions collectively create a legal shield to safeguard the authenticity of marriage and prevent abuses.
Bigamy and Deceitful Marital Practices
Among all offences relating to marriage, bigamy under Sections 494 and 495 IPC is the most frequently invoked. Bigamy occurs when a person marries again during the lifetime of a spouse, knowing the earlier marriage to be valid. This offence affects not only the spouse but also children and property rights, making it a serious breach of trust. Section 495 enhances punishment when bigamy is committed by hiding the previous marriage.
Bigamy has been a subject of criticism because it applies unevenly across religious communities. While prohibited under Hindu, Christian, Parsi, and civil laws, Muslim personal law permits limited polygamy, leading to debates on uniformity and gender justice. Women often face greater exploitation, prompting courts to call for stricter enforcement and reform.
In Sarla Mudgal v. Union of India (1995), the Supreme Court condemned the practice of converting religion solely to enter into a second marriage, calling it misuse of personal law. This case reinforced that the criminal law must be used to protect spouse rights, especially women’s rights.
Fraud and Deception in Marriage
Sections 493 and 496 IPC deal with fraudulent acts that induce a person, usually a woman, into believing that a valid marriage exists. When a man dishonestly performs marriage-like ceremonies without intending to marry, or falsely convinces a woman that she is legally married to him, he commits a punishable offence.
These provisions protect women from emotional, financial, and social exploitation, particularly in contexts where marriage directly influences status, honor, and security. Courts have upheld these provisions as essential because fraudulent marriages often leave women without legal remedies, property claims, or social recognition.
Adultery – Its Criminal Past and Constitutional Future
Section 497 IPC made adultery a criminal offence for more than 150 years. However, in the landmark judgment Joseph Shine v. Union of India (2018), the Supreme Court struck down the section as unconstitutional. The Court held that:
- It violated Article 14 (equality) because it treated women as property of their husbands.
- It violated Article 21 because it entered the private sphere of marriage without a legitimate purpose.
- It undermined women’s dignity and autonomy by denying them agency.
Adultery is no longer a criminal act but remains a valid ground for divorce under family law. Its decriminalization highlights India’s shift toward gender-neutral and autonomy-centric marital norms.
Enticing a Married Woman (Section 498 IPC)
Section 498 IPC criminalizes enticing or detaining a married woman with intent to cause her husband to believe that she has been wrongfully taken away. This reflects older patriarchal assumptions about marital rights and property.
Although still part of the IPC, this section has been criticized for being outdated, gender-skewed, and inconsistent with modern constitutional values. While it aims to protect marital harmony, critics argue that it places women under indirect surveillance and reduces them to passive subjects.
Social and Constitutional Critique of Marriage-Related Offences
Offences relating to marriage attract significant criticism because they often reflect 19th-century morality and patriarchal control, rather than contemporary principles of equality and autonomy.
Some major criticisms include:
- Gender Bias – Many provisions assume women are dependent, passive, or incapable of making decisions.
- Moral Policing – Criminal law should protect society, not intrude into private relationships unless harm is demonstrable.
- Selective Criminalization – For instance, adult consensual relationships were criminalized (as in adultery), while other harmful practices were ignored.
- Outdated Notions of Honor – Several provisions implicitly treat marital relationships as ownership-based.
- Overlap with Civil Law – Many issues, especially marital disputes, are better handled under civil or family law than criminal law.
Courts and law commissions have repeatedly emphasized that criminal law should intervene only when deception, force, fraud, or coercion clearly occur.
Need for Reforms
Marriage-related offences require modern interpretation and reforms to align with constitutional mandates. Key areas for reform include:
- Making marital offences gender-neutral.
- Strengthening laws on fraudulent and sham marriages, especially with rising cases of NRI marriages.
- Ensuring protection for vulnerable spouses, irrespective of gender.
- Clarifying the boundaries between civil matrimonial disputes and criminal offences.
- Reviewing colonial-era sections that are inconsistent with today’s human-rights framework.
The future of marriage-related offences should prioritize individual dignity, autonomy, consent, and equality.
Mnemonic to Remember Offences Relating to Marriage
“Big Fraudulent Marriages Break Trust.”
Breakdown:
- Big – Bigamy (Sections 494–495)
- Fraudulent – Fraud/Deceit (Sections 493, 496)
- Marriages – Mock or sham marriage ceremonies
- Break – Breakdown of equality (adultery — past law)
- Trust – Enticing/detaining a married woman (Section 498)
If you want, I can also prepare a 200-word short note, exam answer format, or table chart for quick revision.
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