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IPC 1860REPEALED

Section 493

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Replaced by: BNS 81

Non-BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE

Original Text

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.

Simplified

Section 493 targets a specific form of sexual deception — tricking a woman into believing she is legally married to obtain her consent for cohabitation or sex. Common scenarios: fake religious 'wedding' ceremonies with no legal validity, fraudulent registration ceremonies, or impersonating someone else to marry a woman. This is considered a grave offence against a woman's dignity and life choices. The offence is non-cognizable despite its severity — reflecting that family and marital matters require Magistrate oversight before police action.

Legal Evolution

Section 493 addresses the fraudulent inducement of a woman to cohabit by deceiving her into believing the relationship is a lawful marriage. Enacted in the Victorian era context of colonial India, it reflected concerns about women's vulnerability to exploitation through false marriage ceremonies. The provision continues to be invoked in cases of deceptive relationships where men induce women to cohabit by fraudulently going through marriage ceremonies without legal validity.

Landmark Precedents

Bhaurao Shankar Lokhande v. State of Maharashtra (1965)

AIR 1965 SC 1564
RELEVANCE

Distinguished Section 493 from bigamy — Section 493 targets the deception inducing a woman to believe she is lawfully married; it does not require a prior valid marriage.

Practical Scenarios

"Organising a fake religious wedding ceremony to live with a woman knowing the marriage has no legal validity — Section 493."

Common Queries

While it involves non-consent obtained through deceit, it is prosecuted under this specific marital offence section rather than Section 376. Courts have increasingly considered whether such deception constitutes rape.