LAWFUL MARRIAGE NOT REQUIRED FOR A MAN TO BE PUNISHED UNDER SECTION 493 I.P.C

Marriage should have been performed by customary rituals or in similar manner only in order to establish that a belief of marriage had been induced, is bound to frustrate the very object and purpose of the provision of section 493 I.P.C for which it has been incorporated in the Indian Penal Code which is clearly to prevent the deceitful act of a man inducing the belief of a lawful marriage for the purpose of cohabitation merely to satisfy his lust for sexual pleasure.

 In a matter before the Hon’ble Supreme Court, in Ram Chandra Bhagat Vs State of Jharkhand [(2010) 135SCC780];

The complainant got acquainted with the appellant herein and they developed intimate relationship so much as that for nine years they cohabited together and had two children - a son and a daughter. Thereafter, it is alleged that the appellant turned the lady out of his house. The complainant alleged that the appellant had given her assurance to marry her and even executed an agreement to this effect on 4.6.1990. The appellant has disputed this agreement.

 In the above Judgment Justice Markandy Katju, observed that:

It is true that the appellant has not behaved like a gentleman. He lived with the complainant for nine years and had two children by her, and hence as a decent person he should have married her which he did not do. However, there is a difference between law and morality, as already stated above. There are many things which are regarded by society as immoral but which may not be illegal. If we say something is illegal then we must point to some specific section of the Indian Penal Code or some other statute which has been violated. Merely saying that the person has done something improper will not necessarily make the act illegal.

In the present case it can be said that the appellant has not behaved like a decent man but, in my opinion, Section493 IPC is not attracted.

A criminal statute has to be construed strictly. Unless all its ingredients are satisfied the person cannot be punished, otherwise there will be violation of Articles 20 and 21 of the Constitution. In the present case since the ingredients of Section 493 are not satisfied the appellant is entitled to acquittal.

In the above matter Justice Gyan Sudha Misra, observed that:

The three ingredients necessary to be established for bringing home the offence under Section493 IPC are:

i) the accused practiced deception;

ii) such deceit was to induce a woman (complainant) to believe that she was lawfully married to him; and

iii) there was cohabitation or sexual intercourse as a result of the deception.

The aforesaid three ingredients for the offence under Section 493 IPC in the light of the evidence recorded hereinbefore are clearly fulfilled in the present case.

Section 493 IPC in my opinion do not presuppose a marriage between the accused and the victim necessarily by following a ritual or marriage by customary ceremony. What has been clearly laid down and emphasized is that there should be an inducement of belief in the woman that she is lawfully married to the accused/appellant and the inducement of belief of a lawful marriage cannot be interpreted so as to mean or infer that the marriage necessarily had to be in accordance with any custom or ritual or under Special Marriage Act. If the evidence on record indicate inducement of a belief in any manner in the woman which cannot possibly be enlisted but from which it can reasonably be inferred by ordinary prudence that she is a lawfully married wife of the man accused of an offence under Section 493 IPC, the same will have to be treated as sufficient material to bring home the guilt under Section493 IPC. Interpretation of the Section in any other manner including an assertion that the marriage should have been performed by customary rituals or in similar manner only in order to establish that a belief of marriage  had been induced, is bound to frustrate the very object and purpose of the provision for which it has been incorporated in the Indian Penal Code which is clearly to prevent the deceitful act of a man inducing the belief of a lawful  marriage for  the purpose of cohabitation merely to satisfy his lust for sexual pleasure.

Since there was a difference of opinion between the Hon’ble Judges, the appeal therefore was placed before the Hon’ble chief justice of India for referring it for the appropriate bench.

Prepared by: S. Hemanth

Advocate at Hemanth & Associates