BACK TO SECTIONSAIR 1988 SC 644
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.
Landmark Precedents
Smt. Yamunabai v. Anantrao Adhav (1988)
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.