S.N.D.

T Women University Law School

The Indian Penal Code, 1816 and Domestic Violence

Name – Ruchika Kedia

Subject - Indian Penal Code
Topic – Offences relating to Marriage
Roll no - 27
Year - LL.B. 1st year (Semester I)
 Indian Penal Code, 1860

Index
 Indian Penal Code, 1860

1. INTRODUCTION:
 History of the Indian Penal Code
 The first draft of the Indian Penal Code was prepared by the First Law
Commission, chaired by Thomas Babington Macaulay. The draft was based on
the simple codification of the law of England, while at the same time
borrowing elements from the Napoleanic Code and Louisiana Civil Code of
1825.
 The code came into force on January 1st, 1860 after undergoing many
revisions and amendments by Barnes Peacock who would go on to serve as the
first Chief Justice of the Calcutta High Court.
 Before the advent of the British, the penal law prevailing in India, for the most
part, was the Muhammedan law. For the first few years of its administration,
the East India Company did not interfere with the criminal law of the country
and although in 1772, during the administration of Warren Hastings, the
Company for the first time interfered, and henceforth till 1861, from time to
time, the British Government did alter the Muhammedan law, yet up to 1862,
when the Indian Penal Code came into operation, the Muhammedan law was
undoubtedly the basis of the criminal law excepting in the presidency towns.
The epoch of the administration of Muslim criminal law in India extended for
a considerable period and has even supplied many terms for the vocabulary of
Indian law.

 Extent and Applicability

The Code extends to whole of India. The Code also defines “India” to mean
“territory of India”. The territorial waters of India also form part of India. Hence,
any offence committed within territorial waters of Indian is deemed to be committed
within India.

 Structure of Indian Penal Code

The IPC in its various sections defines specific crimes and provides punishment for
them. It is sub-divided into 23 chapters that comprise of 511 sections.

Sr. No. Sections Content

1 Section 1 to 120-B General Principles of criminal law.

2 Section 121 to 511 Special offences; for instance, Offence against

human body, Offences against property, Offence
against public tranquility, Offence against public
justice, offences relating to Marriage etc.

Offences related to Marriage

The unequal status of women being offensive to human dignity and human rights
emerged as a fundamental crisis in human development. The full development of
personality of fundamental freedom and equal participation by women in poltical,
social, economic and cultural scenarios are concomitants of national development,
social and family stability. Marriage, a sacred union with legal and social
 Indian Penal Code, 1860

implications, requires safeguarding its sanctity and ensuring the well-being of

individuals involved. The Indian Penal Code (IPC) plays a crucial role in achieving
this by recognizing and penalizing offenses related to marriage.
Offences relating to Marriage, deceitful marriage, bigamy and adultery are provided
under section 493 to 498 of IPC with the object to maintain the sanctity of marriage
and to punish acts that sap it. Despite these provisions these crimes are committed
with impunity. Economic independence of wife on her husband and social pressures
make her compelled to permit him to have a second wife without complaining
against it. Section 497 of the IPC definel adultery but the fination sexual intercourse
without the consent and connivance of the husband along with no provision for
hearing the version of wife, the real sufferer results in grave injustice to her. Most of
the women do not report the crime due to social compulsions and in absence of
support structures outside the institution of marriage.

The law pertaining to offences relating to marriage aims at securing purity and
sanctity of marriage. Traditionally, in Indian society, much importance is attached to
faithfulness of the marriage partner. The object of this assignment is to examine the
offences relating to institution of marriage in India which are covered under chapter
XX of the IPC. Law relate such as cohabitation caused by man deceitfully including
a belief of lawful marriage during lifetime of husband or wife (section 494),
concealment of former marriage from person with whom subsequent marriage is
contracted (section 495), marriage ceremony fraudulently gone through without
lawful marriage (section 496), adultery (section 497), enticing or taking away or
detaining with criminal intent a married women (section 498) and cruelty by
husband or relatives of husband (section 498A) and to draw attention to some of its
defects & deficiency and anomalies.

The Following are the main offences under this Chapter

 Mock or invalid marriage (section 493 and section 496)
 Bigamy (section 494 and 495)
 Adultery (section 497)
 Criminal elopement (section 498)
 Cruelty by husband or relatives of husband (section 498A)