Offences Relating To Marriage

Marriage is a sacred and legal union governed by laws designed to protect the rights of both partners. Certain unlawful actions, however, can violate this union and lead to serious legal consequences. Offenses related to marriage include mock or invalid marriages, bigamy, adultery, criminal seduction, and cruelty. Each of these undermines the integrity of marriage and can lead to criminal charges, making it essential to understand their legal implications.

Overview of Marriage Offences in Indian Law

Chapter XX of the Indian Penal Code (IPC), which addresses offences relating to marriage (Sections 493–498A), highlights acts that violate the sanctity of marriage. These laws are particularly designed to protect the rights of women in marriage, penalizing actions that undermine the trust and legal standing of the marital bond.

The IPC covers several marriage-related offences:

• Mock or invalid marriage (Sections 493 & 496)
• Bigamy (Sections 494 & 495)
• Adultery (Section 497)
• Criminal seduction or elopement (Section 498)
• Cruelty (Section 498A)

Mock or Invalid Marriage (Sections 493 & 496)

Cohabitation After Deceitfully Inducing a Belief in Marriage (Section 493)

A man faces legal consequences if he deceives a woman into cohabitating or engaging in sexual relations by falsely making her believe they are married.

• Key Elements:
  • False belief or deception
  • Cohabitation or sexual relations under this false belief
• Punishment: Up to 10 years imprisonment and a fine. This act may also be prosecuted as rape under Section 375(4) of the IPC.

Fraudulent Conduction of a Wedding Ceremony Without a Valid Marriage (Section 496)

Anyone who fraudulently or dishonestly conducts a wedding ceremony without it being a legally valid marriage will be held accountable.

• Key Elements:
  • Intent to deceive or defraud
  • Knowledge that the marriage is not legally valid
• Punishment: Up to 7 years imprisonment and a fine.

Bigamy (Sections 494 & 495)

Marrying Again During the Lifetime of the Husband or Wife (Section 494)

Bigamy is the act of marrying again while the first spouse is still alive, which is illegal under Indian law.

• Punishment: Up to 7 years imprisonment and a fine.

Concealing the Previous Marriage Before Subsequently Getting Wed (Section 495)

If someone conceals their previous marriage from a subsequent spouse, they are liable under this section.

• Key Elements:
  • Validity of both the first and second marriages
  • Concealing the fact of the prior marriage
• Punishment: Up to 10 years imprisonment and a fine.
• Exceptions:
  • Marriage annulled by a court
  • Spouse absent for more than seven years without being heard from

Read More About Bigamy Laws In India

Adultery (Section 497)

Adultery involves sexual relations with someone who is not one’s lawful spouse. Under Indian law, this was once a criminal offence but has since been decriminalized by the Supreme Court in 2018. It remains grounds for divorce but is no longer punishable as a crime.

• Key Elements:
  • Sexual relations between a married woman and an unmarried man
  • No involvement of force or lack of consent
• Punishment (Before Decriminalization): Up to 5 years imprisonment, fine, or both. Only the man was held accountable, while the woman was exempt from punishment.

Criminal Seduction or Elopement (Section 498)

Enticing a Married Woman for Illicit Sexual Relations

This section punishes anyone who kidnaps, entices, or detains the wife of another man with the intention of having illicit sexual relations.

• Key Elements:
  • Enticing or detaining a married woman
  • Knowledge that the woman is married to another man
• Punishment: Up to 2 years imprisonment and a fine.

Cruelty (Section 498A)

Cruelty is defined as any wilful conduct by a husband or his relatives that causes physical or mental harm to the wife. This includes acts related to dowry demands, harassment, and abuse.

• Key Elements:
  • Physical or mental harm
  • Harassment or cruelty related to unlawful demands for dowry
• Punishment: Up to 3 years imprisonment and a fine.

Landmark Cases on Marriage-Related Offences

Some of the notable instances of this offence are:

Case 1: Samantray Subhransu Sekhar v.s State (2002)

The Orissa High Court determined that there was an offence under Section 493 of the IPC in this case if the prosecutrix claimed that she had refused sexual relations with the accused but later gave in to his advances after he put vermillion on her head and proclaimed her his wife, as well as after he claimed he would publicly accept her status in his life after she obtained employment.

Case 2: Kannan v.s Selvamuthu Kani (2008)

In this instance, the husband and wife divorced amicably, but the woman filed an appeal of the divorce judgment. The divorce decree was overturned by the court. The husband entered into a contract for a second marriage, although he was unaware that the second marriage's decree had been overturned a month prior. The court decided that it would not fall under IPC 494's authority.

Case 3: Reema Aggarwal v.s Anupam (2004)

It was contended that a "husband" of a "second wife" who marries her while maintaining his previous legal marriage is not a husband for the purposes of section 498 A, and as a result, the second wife cannot utilize section 498 A to sue him or his family for abuse and harassment. Reema Aggarwal, the appellant, took deadly substances after being pressured by her husband and his family for not providing a large enough dowry. She acknowledged that she wed him when his first wife was still alive. This information led to the charging of her spouse and others under sections 307 and 498 A.

Legal Consequences of Marriage Offences

The IPC imposes severe penalties on individuals found guilty of marriage-related offences. These include long-term imprisonment, heavy fines, and social consequences, especially for crimes such as bigamy, adultery (before its decriminalization), and cruelty.

Conclusion

Marital offences are serious crimes that have devastating effects on the individuals involved. From bigamy and adultery to fraudulent marriages and cruelty, the Indian Penal Code ensures that offenders face strict penalties. The legal system is designed to safeguard the sanctity of marriage and protect vulnerable individuals, especially women, from exploitation and abuse.