Marriage ceremony fraudulently gone through without lawful marriage
Section 496 of the Indian Penal Code, 1860 deals with marriage ceremony fraudulently gone through without lawful marriage. Whoever, dishonestly or with a fraudulent 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. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Whoever, dishonestly or with a fraudulent 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.
Section 496, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 83 Marriage ceremony fraudulently gone through without 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 The repealed enactment still governs what happened while it was in force.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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Ashutosh Sharma vs State of U.p.
Court's Decision & Legal Precedent
When parties to a criminal case, particularly in matrimonial disputes, have amicably settled their grievances through court-mediated settlement and agreed to withdraw all cases against each other, the High Court can exercise its inherent powers under Section 482 CrPC to quash the entire criminal proceedings, including summoning orders and non-bailable warrants, as such quashing is in the interest of justice and does not constitute an abuse of the process of the court.
On this section: Enticing or taking away or detaining with criminal intent a married woman - this was one of the charges in the original complaint case that was quashed
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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: Marrying again during lifetime of husband or wife by person knowing first marriage valid and other person ignorant - falls under Chapter XX, requires complaint for cognizance
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.
Questions about Section 496
What have the courts held on Section 496 of the Indian Penal Code?
Ashutosh Sharma vs State of U.p. (06 Aug 2022) is the leading judgment on this section among those set out below: Enticing or taking away or detaining with criminal intent a married woman - this was one of the charges in the original complaint case that was quashed. Another 1 judgment on this section is set out below. They run from 2006 to 2022.
How do I find court cases under Section 496 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 496, section 496 IPC, section 496 of the Indian Penal Code. People searching for it also type ipc 496 in bns and ipc 496 judgements. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ashutosh Sharma vs State of U.p. (06 Aug 2022).
What should I read with Section 496 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 83 (Marriage ceremony fraudulently gone through without lawful marriage), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 496 of the Indian Penal Code come into force?
Section 496 of the Indian Penal Code, cited as IPC 496, 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.