SECTION 493

Overview: This Kanooni Dhara of the IPC punishes any man who deceitfully causes a woman to believe that she is lawfully married to him and under such belief cohabitates/lives together with her and/or has sexual intercourse with her.  

Ingredients of the Section: The following are the essentials of this section ;

1. The offence under this section can be committed only by a man

2. The man deceitfully/fraudulently causes the woman in falsely believing that she is lawfully married to him 

3. And under such false belief cohabits i.e. lives together or/and has sexual intercourse with that woman. 

Punishment: Any person liable for an offence under this section shall be punished with imprisonment of either description for a term which may extend to 10 years and the offender shall also be liable to a fine. 

Example: Rahul takes Rima to a nearby temple for getting married, where instead of the marriage ceremonies he performs some other Hindu ceremonies with her. Rima under the deception falsely believes herself to be lawfully married to Rahul and therefore cohabits and has sexual intercourse with him. Rahul has committed an offence under this section. 

Is a promise to marry also covered under this section?

No, this section only punishes a deceitful i.e. fraudulent act which leads to the false belief of lawful marriage. Promise to marry does not create the false belief of lawful marriage.

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