
Offences Relating to Marriage Laws and Punishments
Explore the legal consequences of deceitful cohabitation and remarriage during the lifetime of a spouse as outlined in Sections 493 to 498 of the marriage laws. Understand the implications of inducing false beliefs of lawful marriage and the penalties associated with such actions. Discover exceptions and relevant cases related to marriage offences and their legal ramifications.
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Presentation Transcript
Chapter XX Of offences relating to marriage fookg lEcU/kh vijk/kksa ds fo"k; esa (Sec. 493 to 498)
Section 493:- Cohabitation caused by a man deceitfully inducing a belief of lawful marriage Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. fof/kiw.kZ fookg dk izoapuk ls fo'okl mRiszfjr djus okys iq:"k }kjk dkfjr lgoklA 10 o"kZ dkjkokl $ tqekZuk
Section 494:- Marrying again during lifetime of husband or wife Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ifr ;k iRuh ds thoudky ds nkSjku iqu% fookg djuk f}fookg dgykrk gS ,sls fookg dh izd`fr kwU; n.M & 7 o"kZ dkjkokl $ tqekZuk be punished with
Exception Li"Vhdj.k %& ,sls fookgksa ij ykxw ugh gksrh ftu fookgkssa dks l{ke U;k;ky; }kjk kwU; ?kksf"kr fd;k x;kA ,slk O;fDr ftldk ifr ;k iRuh fujUrj 7 o"kksZ ls vuqifLFkr jgk gks ;k ftlds ckjs esa dksbZ tkudkjh u gksA Hkkjrh; lk{; vf/kfu;e dh /kkjk 108 ds vuq:i thou dks lkfcr djus dk Hkkj ml O;fDr ij gksrk tks ;g izfrKkr djrk gSA
Case ljyk eqn~xy cuke ;wfu;u vkWQ bf.M;k %& ehuk ekFkqj cuke ftrsUnz dqekj %& lquhrk@izfrek cuke ftrsUnz dqekj %& mDr lHkh ekeyksa esa ;g foospuk dh xbZ fd /keZ ifjorZu dk D;k izHkko gksrk gSA vUrr% ;g vfHkfu/kkZfjr fd;k x;k fd ;fn fdlh fookg dk vuq"Bkiu fdlh fof k"B fof/k ds v/khu gksrk gS rks ,sls fookg dk fo?kVu nwljs fof/k dks ykxw djds ugh fd;k tk ldrk ftls fof/k ls /keZ ifjorZu gqvk gSA fdUrq /keZ fookg dk Lor% fo?kVu ugh gksrk gSA ifjorZu gksus ij fgUnw
Case fyyh FkkWel cuke ;wfu;r vkWQ bf.M;k 2000 %& ,l-lh- us bl rdZ dks fljs ls [kkfjt dj fn;k fd ljyk eqn~xy ds ekeys dk lkj vUr%dj.k dh o /keZ Lora=rk ds fo:} gSA jkf/kdk@lfouk cuke gchcu;j gSnjkckn %& eqfLye iq:"k us fo ks"k fookg vf/kfu;e ds varxZr izFke fookg fd;kA nwljk fookg eqfLye fof/k ds vuq:i fd;kA vr% f}fookg ds fy, /kkjk 494 ds fy, nk;h gksxkA
Section 495:- Same offence with concealment of former marriage from person with whom subsequent marriage is contracted Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment description for a term which may extend to ten years, and shall also be liable to fine. tks dksbZ Hkh izFke fookg dks Nqikdj f}fookg dk vijk/k dkfjr djrk gSA og 10 o"kZ dkjkokl $ tqekZus ls n.Muh; gksxkA of either
Section 496:- Marriage ceremony fraudulently gone through without lawful marriage Whoever, intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. fof/kiw.kZ fookg ds fcuk diViwoZd fookg deZ iqjk dj ysukA 7 o"kZ dk dkjkokl $ tqekZuk dishonestly or with a fraudulent
Section 497:-Adultery Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. tkjdeZ fdlh iq:"k ds }kjk fdlh efgyk ds lkFk voS/k laca/k LFkkfir djukA iq:"k dks ;g Kku ;k fo'okl djus dk dkj.k gksuk pkfg, dh efgyk fookfgr gSA ifr dh lEefr o euksuqdwyrk ds fcukA efgyk dh Fkh blesa LosfPNd Hkkxhnkjh gksuh pkfg, vU;Fkk cykRlax ifjofrZr gks tk,xkA iRuh dks nq"izsj.k ds :i esa vfHk;ksftr ugh fd;k efgyk dks ihfMr i{kdkj ekuk x;k gS blfy, efgyk dks Punish ugh fd;k tk ldrkA 5 o"kZ dkjkokl $ tqekZuk $ nksuk
Section 498:- Enticing or taking away or detaining with criminal intent a married woman Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with description for a term which may extend to two years, or with fine, or with both. fdlh fookfgr L=h dks vkijkf/kd vk k; ls ys tkuk ;k Qqlykdj ys tkuk ;k fu:} j[kuk 2 o"kZ dkjkokl $ tqekZuk $ nksuks imprisonment of either