IPC 493 vs BNS 493
● Retained in BNSCohabitation caused by a man deceitfully inducing a belief of lawful marriage
Section 493 of the Indian Penal Code, 1860, deals with cases where a man deceitfully induces a woman to believe that she is lawfully married to him and causes her to cohabit or have sexual relations under that false belief.
This section was introduced to protect women from deception and exploitation, particularly in societies where marriage carried significant legal and social consequences. The law recognizes that consent obtained through fraudulent misrepresentation of marital status is not valid consent.
Key points include:
-
Applicable when a man deceives a woman into believing she is his lawful wife.
-
Such deceit leads to cohabitation or sexual relations under false pretenses.
-
Punishment: Imprisonment up to 10 years and fine.
For example, if a man falsely performs marriage rituals without legal validity and convinces the woman she is his wife, leading to sexual relations, he can be prosecuted under IPC 493. This section reinforced the principle that fraud vitiates consent and aimed to safeguard women against sexual exploitation.
Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Section 493 of the Bharatiya Nyaya Sanhita, 2023, retains the same essence as IPC 493. It criminalizes situations where a man deceitfully makes a woman believe she is legally married to him and causes her to cohabit or have sexual relations under that false belief.
The scope, intent, and punishment remain identical to IPC 493, ensuring that women continue to be legally protected against exploitation under false promises of marriage. The provision underscores the principle that fraudulent marriage inducement is a serious offence, as it directly impacts a woman’s dignity, autonomy, and social standing.
Key aspects of BNS 493:
-
Covers deceptive acts related to marriage leading to cohabitation.
-
Punishment: Up to 10 years imprisonment and fine.
-
Focuses on protecting women from deceit in matters of marriage and sexual relations.
Thus, BNS 493 continues the same protection under the reformed law, reflecting continuity in addressing crimes involving fraudulent marital inducement.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 493 to BNS BNS 493.