The Indian Penal Code (IPC) contains several provisions that deal with offences related to marriage.
Common Offences Relating to Marriage under IPC
- Cruelty by husband or his relatives (Section 498A): This offence is committed when the husband or his relatives subject the wife to cruelty. The essential elements of this offence are: (a) the accused is the husband or a relative of the husband, (b) the accused has subjected the wife to cruelty, and (c) the cruelty has been done with the intention to force the wife to meet an unlawful demand for property or money.
- Dowry death (Section 304B): This offence is committed when the death of a woman is caused by any burns or bodily injury or occurs under suspicious circumstances within seven years of her marriage, and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry.
- Bigamy (Section 494): This offence is committed when a person marries again during the lifetime of their spouse.
- Adultery (Section 497): This offence is committed when a man has sexual intercourse with the wife of another man without the consent or connivance of that man.
- Criminal breach of trust by husband or his relatives (Section 406): This offence is committed when the husband or his relatives misappropriate any property entrusted to them by the wife or her relatives.
Punishment for offences relating to marriage under IPC
- Bigamy (Section 494 IPC) – Imprisonment of up to 7 years and a fine.
- Adultery (Section 497 IPC) – Imprisonment of up to 5 years, or fine, or both.
- Cruelty towards wife (Section 498A IPC) – Imprisonment of up to 3 years and a fine.
- Dowry death (Section 304B IPC) – Imprisonment of at least 7 years, up to a life sentence.