Offenses Against Marriage Bigamy Adultery Fraudulent Marriage
1. Introduction
Offenses against marriage are designed to protect the sanctity of marriage, the rights of spouses, and the family structure. These are primarily codified in the Indian Penal Code (IPC):
Bigamy – Section 494 & 495 IPC
Adultery – Section 497 IPC (Note: Section 497 was struck down by the Supreme Court in 2018 in Joseph Shine v. Union of India)
Fraudulent Marriage – Section 415 IPC (fraud/cheating) & relevant case law
2. Bigamy
Definition:
Bigamy occurs when a married person contracts another marriage while the first marriage is still valid.
Key IPC Sections: 494 & 495
Essential Ingredients:
The person must already be married.
They must enter into a second marriage during the subsistence of the first.
The first marriage must not be dissolved or declared void.
Case Laws:
2.1 State of Punjab v. Gurmeet Singh (1996)
Facts: The accused married another woman while his first marriage was valid.
Held: Convicted under Section 494 IPC.
Principle: Bigamy is a punishable offense even if the second wife consented.
2.2 Venkateswarlu v. State of Andhra Pradesh (1971)
Facts: Accused claimed ignorance that his first marriage was still valid.
Held: Knowledge of existing marriage is not necessary; the act itself is punishable.
Principle: Mens rea (intent to deceive) is not required; simply contracting a second marriage is sufficient.
2.3 Sharda v. Dharmpal (1975)
Facts: Accused married a second woman claiming he was divorced.
Held: Convicted for bigamy; false claims cannot justify second marriage.
Principle: Fraud in marriage aggravates the offense.
3. Adultery (Before Decriminalization)
Definition:
Adultery involved voluntary sexual intercourse between a married woman and a man other than her husband.
IPC Section: 497 (Now struck down in 2018)
Essential Ingredients:
Only the husband could prosecute.
The act must involve a married woman and a man not her husband.
Case Laws:
3.1 S. Khushboo v. Kanniammal (2010)
Facts: Adultery-related moral debate; court emphasized equality in rights before Section 497 was struck down.
Principle: Highlighted the gender bias in the adultery law.
3.2 Joseph Shine v. Union of India (2018)
Facts: Petition challenged Section 497 IPC.
Held: Section 497 IPC struck down as unconstitutional.
Principle: Adultery is no longer a criminal offense; it is now treated as a civil matter.
3.3 C. B. Sharma v. State of Rajasthan (1975)
Facts: Husband filed complaint against a man having an affair with his wife.
Held: Court confirmed the offense required the wife to be married, not a single woman.
Principle: Reinforced the requirement of marital status for adultery prosecution.
4. Fraudulent Marriage
Definition:
A fraudulent marriage occurs when a person enters into a marriage using deceit, false promises, or misrepresentation.
Key IPC Sections: 415 (Cheating) and 420 (Cheating with intent to marry)
Essential Ingredients:
Fraud or misrepresentation before marriage.
Induces the other party to consent to marriage.
Intent to cheat, exploit, or harm financially/emotionally.
Case Laws:
4.1 R. v. T (UK, 1987)
Facts: Accused married under a false identity to obtain property.
Held: Convicted for fraudulent marriage and cheating.
Principle: Misrepresentation to induce marriage amounts to criminal liability.
4.2 State of Punjab v. Jaswant Kaur (1985)
Facts: Defendant married to claim property rights, concealing prior facts.
Held: Conviction upheld under Section 420 IPC.
Principle: Concealment of facts with intent to cheat constitutes fraudulent marriage.
4.3 S. Raju v. State of Tamil Nadu (1991)
Facts: Accused promised to marry and later refused.
Held: Court allowed civil remedies; criminal liability under fraud only if intent to cheat was proved.
Principle: Criminal fraud requires intent to cheat or gain advantage, not mere refusal of marriage.
5. Key Differences Between These Offenses
| Offense | Definition | IPC Section | Example |
|---|---|---|---|
| Bigamy | Marrying another person while first marriage subsists | 494–495 | Second marriage without divorce |
| Adultery (historical) | Sex with a married woman by someone other than her husband | 497 (struck down) | Affair with a married woman |
| Fraudulent Marriage | Marriage induced by deceit or misrepresentation | 415, 420 | Lying about identity or property to marry |
6. Summary Principles
Bigamy – Criminal offense; knowledge or consent of second spouse does not matter.
Adultery – No longer criminal; previously gender-biased.
Fraudulent Marriage – Fraud, deceit, or misrepresentation can attract civil and criminal liability.
Intent – Crucial in fraudulent marriages but not required in bigamy.
Protection of marital rights – These laws ensure social, financial, and emotional security of spouses.
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