Enticing or taking away or detaining with criminal intent a married woman
Section 498 of the Indian Penal Code, 1860 deals with enticing or taking away or detaining with criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with th 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
[CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
Section 498, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 84 Enticing or taking away or detaining with criminal intent a married woman Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 7
- Bombay Judicial Proceedings (Regulation of Reports) Act s. 3 Restrictions on publication of reports of judicial proceedings
- Code of Criminal Procedure s. 220 Trial for more than one offence
- Code of Criminal Procedure Act s. 220 Trial for more than one offence
- Code of Criminal Procedure s. 220 Trial for more than one offence
- Crpc 1973 s. 220 Trial for more than one offence
- Gujarat Judicial Proceedings (Regulation Reports) Act s. 3
- Indian Evidence Act s. 50 Opinion on relationship, when relevant
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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Ashok Kumar vs Government of N. C. T. of Delhi
Court's Decision & Legal Precedent
When a statutory presumption applicable in dowry-related death cases (presumption relating to deaths within seven years of marriage) is inapplicable due to the marriage having occurred beyond the seven-year threshold, the full burden of proof remains on the State to establish guilt beyond reasonable doubt. Insufficient evidence, as demonstrated by the acquittal of co-accused persons on identical charges, cannot sustain a conviction against a single accused. Therefore, such a conviction is not sustainable and must be set aside by the appellate court, resulting in acquittal of the appellant.
On this section: The Court referenced the presumption applicable to deaths occurring within seven years of marriage, which did not apply in the present case as the marriage was solemnised more than 10 years before the date of occurrence. This temporal limitation was crucial to the Court's finding that the conviction could not be sustained.
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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… quash and dispose of other/connected proceedings under the Protection of Women from Domestic Violence Act, 2005[9]( page-5-0) , Section 125 of the Code of Criminal <span id="page-5-0"></span><sup>9</sup> For short, 'Domestic Violence Act'. Procedure, 1973[10]( page-6-0), or criminal prosecution primarily under Section 498-A and other provisions of the Indian Penal Code, 1860[11]( page-6-1). If the answer to this question is in the affirmative, in which cases and under what circumstances should this Court exercise jurisdiction under Article 142(1) of the Constitution of India is an ancillary issue to be decided; and (iii) The third …
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… quash and dispose of other/connected proceedings under the Protection of Women from Domestic Violence Act, 2005[9]( page-5-0) , Section 125 of the Code of Criminal <span id="page-5-0"></span><sup>9</sup> For short, 'Domestic Violence Act'. Procedure, 1973[10]( page-6-0), or criminal prosecution primarily under Section 498-A and other provisions of the Indian Penal Code, 1860[11]( page-6-1). If the answer to this question is in the affirmative, in which cases and under what circumstances should this Court exercise jurisdiction under Article 142(1) of the Constitution of India is an ancillary issue to be decided; and (iii) The third …
Questions about Section 498
What have the courts held on Section 498 of the Indian Penal Code?
Ashok Kumar vs Government of N. C. T. of Delhi (12 Jun 2007) is the leading judgment on this section among those set out below: The Court referenced the presumption applicable to deaths occurring within seven years of marriage, which did not apply in the present case as the marriage was solemnised more than 10 years before the date of occurrence. This temporal limitation was crucial to the Court's finding that the conviction could not be sustained.
How do I find court cases under Section 498 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 498, section 498 IPC, section 498 of the Indian Penal Code. People searching for it also type ipc 498a in hindi and ipc 498a in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ashok Kumar vs Government of N. C. T. of Delhi (12 Jun 2007).
What should I read with Section 498 of the Indian Penal Code, and has it changed?
7 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 84 (Enticing or taking away or detaining with criminal intent a married woman), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 498 of the Indian Penal Code come into force?
Section 498 of the Indian Penal Code, cited as IPC 498, 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.