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IPC 1860REPEALED

Section 496

Marriage ceremony fraudulently gone through without lawful marriage

Replaced by: BNS 83

BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE

Original Text

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.

Simplified

Section 496 targets fraudulent marriage ceremonies — where a person goes through a marriage ceremony knowing the marriage has no legal validity, intending to deceive the other party or the public. This is distinct from bigamy (which requires a valid first marriage) — Section 496 focuses on the fraudulent character of the ceremony itself regardless of whether a prior valid marriage exists. Common scenarios: fake marriage ceremonies to obtain consent for cohabitation, sham marriages for immigration purposes, or ceremonial fraud to extract gifts and dowry.

Legal Evolution

Section 496 addresses fraudulent participation in a marriage ceremony with knowledge that it does not constitute a lawful marriage. It complements Section 493 from the perspective of persons who go through a sham ceremony, as opposed to those who induce others to do so. The provision has been applied to cases where persons participate in void ceremonies — such as marriages by persons with prior subsisting marriages — who deceive the other party about the ceremony's legal validity.

Landmark Precedents

Smt. Yamunabai v. Anantrao Adhav (1988)

AIR 1988 SC 644
RELEVANCE

A marriage ceremony known to be void from the outset with intent to deceive the other party constitutes the offence under Section 496.

Practical Scenarios

"Going through a mock wedding ceremony to convince a woman's parents to allow her to live with you, knowing the marriage is not legally binding — Section 496."

Common Queries

Bigamy (494) requires a valid first marriage. Section 496 focuses on the fraudulent nature of the ceremony itself — even without a first marriage, if the ceremony is entered knowing it has no legal validity intending to deceive, it is Section 496.