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Offences against Marriage

Offences against marriage are criminal acts that violate the sanctity of the marital bond and harm the institution of marriage. These types of crimes are outlined in several sections of the Indian Penal Code (IPC) and can include things such as bigamy, adultery, and cruelty towards a spouse.

Section 494 of the IPC defines bigamy as the act of marrying someone while still being legally married to another person. Bigamy is considered a serious offense and can be punished with imprisonment that may extend to seven years and a fine.

Section 497 of the IPC defines adultery as a man having sexual intercourse with a woman 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. Adultery is not considered a criminal offense for women.

Section 498A of the IPC deals with cruelty by a husband or his relatives against a wife. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. It is a cognizable, non-bailable, non-compoundable offence. It means, police can arrest without warrant, bail is not a matter of right and it cannot be settled by the parties.

Section 406 of the IPC deals with criminal breach of trust in matrimonial relationship. Whoever commits criminal breach of trust in respect of any property used or obtained in a matrimonial relationship shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

All the above-mentioned offences are cognizable and non-bailable, It means, police can arrest without warrant and bail is not a matter of right.

It is important to note that all the above-mentioned offences are serious in nature and can have severe consequences for the offender, including imprisonment and fines. These crimes are considered to be a violation of the sanctity of the marital bond and harm the institution of marriage, and therefore, they are punished accordingly.

In recent years, there have been several high-profile cases involving offenses against marriage in India. For example, in 2020, a man was arrested for bigamy after it was discovered that he had married a second woman while still being legally married to another woman.

There have been several landmark judgments on offenses against marriage in India, which have helped to shape the interpretation and application of the relevant provisions in the Indian Penal Code. Some notable examples include:

  1. Sowmithri Vishnu v. Union of India (1985) – In this case, the Supreme Court of India held that Section 497 of the Indian Penal Code, which criminalizes adultery, is discriminatory against men as it does not hold women accountable for the same offense.
  2. Joseph Shine v. Union of India (2018) – In this case, the Supreme Court of India struck down Section 497 of the Indian Penal Code, which criminalized adultery, as being violative of the right to equality and the right to privacy under the Indian Constitution.
  3. Rajesh Sharma v. State of Uttar Pradesh (2017) – In this case, the Supreme Court of India held that Section 498A of the Indian Penal Code, which criminalizes cruelty by a husband or his relatives against a wife, should not be used as a weapon rather than shield by an estranged wife.
  4. Arnesh Kumar v. State of Bihar (2014) – In this case, the Supreme Court of India held that the police should not automatically arrest a person accused of an offence under Section 498A of the Indian Penal Code, and that they should first consider the facts of the case and the gravity of the offence before making an arrest.
  5. Rupali Devi v. State of Bihar (2018) – In this case, the Supreme Court of India held that the term “Cruelty” under section 498A of the Indian Penal Code is not defined, but it includes mental and physical cruelty.

These cases have helped to clarify the meaning of key terms and concepts related to offenses against marriage in the Indian Penal Code and have provided guidance on the interpretation and application of these provisions. They also serve as a reminder that the laws on offenses against marriage are subject to change with the changing societal norms and constitutional principles.

In conclusion, the Indian Penal Code contains various provisions that criminalize different types of offences against marriage, such as bigamy, adultery, cruelty and criminal breach of trust. These crimes are considered to be a violation of the sanctity of the marital bond and harm the institution of marriage, and therefore, they are punished accordingly. It is important for individuals to understand the legal implications of these offenses and to refrain from committing such crimes. Moreover, these offenses are considered as non-bailable and non-compoundable, it means, it cannot be settled by the parties and bail is not a matter of right. It is advisable to consult a lawyer before taking any step.

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