Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Section 493 of the Indian Penal Code, 1860 deals with 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 493, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 81 Cohabitation caused by man deceitfully inducing belief of lawful marriage Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arun Singh vs The State of Uttar Pradesh Home Department Secretary
Court's Decision & Legal Precedent
The High Court's inherent power under Section 482 CrPC to quash criminal proceedings is not limited by the non-compoundable nature of offences. However, this power must be exercised judiciously considering the nature and gravity of the offence. Offences against society, such as dowry demand under the Dowry Prohibition Act, cannot be quashed merely on the ground of settlement between parties, as it is in the interest of society that offenders be punished as a deterrent. However, where the allegations in the FIR do not prima-facie disclose the essential ingredients of the offence charged, the proceedings can be quashed as continuation would amount to abuse of process of the Court. In the case of Section 493 IPC, the essential ingredient of deceit causing false belief of lawful marriage must be clearly demonstrated in the allegations; mere statements that the marriage was final and only ceremony remained do not constitute the specific deception required under this section.
On this section: Cohabitation caused by deceitfully inducing belief of lawful marriage. The Court analyzed the essential ingredients: (1) deceit causing false belief of existence of lawful marriage, and (2) cohabitation or sexual intercourse. The Court found that the FIR allegations did not disclose these ingredients and therefore quashed the charges under this section.
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Hasibuddin Mondal ORS vs State of West Bengal
Court's Decision & Legal Precedent
Family members cannot be prosecuted for offences under Sections 493, 376, or 313 of the IPC when the alleged sexual acts and deception are attributed solely to the principal accused and the ingredients of such crimes do not apply to the relatives.
On this section: Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
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Rajinder Tiwari vs The State (nct of Delhi )
Court's Decision & Legal Precedent
Cognizance of offences under Chapter XX of IPC (Offences Against Marriage) can only be taken on basis of complaint by aggrieved person as mandated by Section 198 of Cr.P.C., not on basis of police report. Additionally, a person without valid marriage status cannot be prosecuted under Section 498-A IPC, as this section is specific to legally valid husbands and their relatives, as established by the binding Larger Bench precedent in Shivcharan Lal Verma v State of MP.
On this section: Offence of marrying again during lifetime of husband or wife - falls under Chapter XX, requires complaint for cognizance
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Md. Samnur Ali @ Sanjay vs The State of Assam
Court's Decision & Legal Precedent
When investigation in a case involving sexual offence charges has progressed considerably, and custodial interrogation does not appear necessary at that stage, anticipatory bail may be granted under Section 438 CrPC subject to conditions ensuring the accused's cooperation with investigation and compliance with court jurisdiction.
On this section: Section 493 IPC pertains to cohabitation caused by fear of death or hurt. This section was cited in the FIR against the petitioner for the alleged illicit relationship maintained over two years.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… DELIVERED THE FOLLOWING: ds P.UBAID, J. - - - - - - - - - - - - - - - - - - - - - - Crl.A.No. 373 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2017 J U D G M E N T The appellant herein challenges the conviction and sentence against him under Sections 376 and 493 of the Indian Penal Code, and under Section 3(1)(xii) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (old Act) [for short "the SC/ST Act"], in S.C.No.211 of 2008 of the Special Court (for SC/ST cases), Kottayam. 2. The victim of offence in this case is a lady aged 24 years. She fell in …
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… of Section 415 IPC makes it clear that the word "deception" is also found but the explanation appended to this Section makes it clear that a dishonest concealment of facts is also a deception within the meaning of this Section. However, such an explanation is missing under Section 493 of the Indian Penal Code. Section 493, Indian Penal Code, contemplates of punishing a man either married or unmarried who induces a woman to think that she is his wife but in reality she is concubine. Such an offence can be committed by a person by inducing a woman to believe that she is lawfully married to him although in fact there is no legal or …
Questions about Section 493
What have the courts held on Section 493 of the Indian Penal Code?
Arun Singh vs The State of Uttar Pradesh Home Department Secretary (10 Feb 2020) is the leading judgment on this section among those set out below: Cohabitation caused by deceitfully inducing belief of lawful marriage. The Court analyzed the essential ingredients: (1) deceit causing false belief of existence of lawful marriage, and (2) cohabitation or sexual intercourse. The Court found that the FIR allegations did not disclose these ingredients and therefore quashed the charges under this section. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2006 to 2023.
How do I find court cases under Section 493 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 493, section 493 IPC, section 493 of the Indian Penal Code. People searching for it also type ipc 493 in bns and ipc 493 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Arun Singh vs The State of Uttar Pradesh Home Department Secretary (10 Feb 2020).
What should I read with Section 493 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 81 (Cohabitation caused by man deceitfully inducing belief of lawful marriage), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 493 of the Indian Penal Code come into force?
Section 493 of the Indian Penal Code, cited as IPC 493, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.