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OFFENCES RELATED TO MARRIAGE Chapter xx of Indian Penal Code 1860 

Publications, Research paper

Chapter xx of Indian Penal Code 1860 

    ABSTRACT

 Starting my abstract with a strong quote which goes by “the best place to live is where women walk freely ,speak boldly ,and are treated equally,”.Marriages are said to be made in heaven ,unfortunately some are unlucky in this beautiful stage of their life . Vows are taken not to leave each other side even during the toughest paths of their life.But the core tradition of marriage system is being demolished , what if the sacred ties of the marriage breakdown due to the offences practised against the party .Chapter xx of INDIAN PENAL CODE 1860 deals with such offences relating to marriage .It helps to examine the legal provisions that are linked to marriage and hilights the judicial interpretations and societal norms .This chapter  also makes sure that effectiveness of existing legal frameworks.by criminalising the acts and making them strict makes the spouses to legal bind the realtionship .The Indian judiciary creates fear among the married couple to actually make them bound to their vows and not escape from their responsibility .This research paper in briefly explains about these kind of offences and the remedies that can be claimed by the parties .

KEYWORDS  : offences ,marriage, ceremony ,disputes

INTRODUCTION

Hindu marriage act states about the traditions customs and registration of marriages in india and covers many more aspects too ,it also explains the definition of hindu and interpret who is a hindu.Marriages in india are said to be sacred unlike the other religious marriages hindu marriage is a sacred bond not a contract .In india from the ages women are worshiped even the powerful gods bow down to goddess and obey women ,it is pure unfortunate and painful to see women suffer ,struggle ,crumble in each phase of their lives .ancient scripts do believe that “ A house become a home when it is built on love, respect and the fair treatment of women”.It is hereby agreed that though there was no development during the ancient times but we people of india treated women right .yes even during the ancient times people abused women downgraded her and prayed for her downfall but the punishment for such acts was dreadful in nature . according to Kofi Annan “There is no tool for development more effective than the empowerment of women”.Marriage is a social sanction of union between the two parties .With this union certain rights and obligations arise between the two people.Disputes between the parties after the marriage is rapidly rising in the modern era ,the offences that are being practiced in the marriage by the parties are precisely mentioned in the Indian penal code of 1860 .Section 493 to Section 498A deals with the offences .

           Section 493:cohabitation caused by a man deceitfully inducing a belief of lawful marriage 

           Section 494:marrying again during lifetime of husband or wife

           Section 496:Marriage ceremony fraudulently gone through without lawful marriage 

           Section 497: Adultery

           Section 498:Enticing or taking away or detaining with criminal intent a married woman

          Section 498A :husband or relative of husband of a woman subjecting her to cruelty.

As mentioned in the article on LEGALONUS -what are the marriage related offences :A critical analysis of BNS 2023 by Ayush Chandra he stated that “historically, a married women have faced immense struggles. Most commonly due to dowry demands. dowry, a deeply rooted social evil in Indian society has been a cause of distress violence and even death among married women since the middle ages. This practice despite several reforms and social awareness, efforts continues to threaten the safety and dignity of woman .As a result India codified strict laws under Section 498A and 304B of INDIAN PENAL CODE to deal with cruelty by husbands or their relatives”.

          Mans behaviour is a reflection of society that he lives in ,and is grown up in, for an instance lets see a boy who is being grown up in a middle class family or irrespective of the kind of family but witnessing  his father taking good care of his mother respecting her and valuing her ,growing up in such a environment builds a great GENTLEMEN,whereas, the same boy growing up in a family where women is being treated as a toy and doesn’t value her and frequently abusing her not only impacts her but also her son he grows up to be a man who often absue his wife and learns that women need to be treated like this because my father did this and I have to continue the legacy and this goes on and on . So the society and the environment also plays a huge role in developing a mans character and his principles in his life . 

RESEARCH METHODOLOGY

This paper is written with the depth study of both primary and secondary resources .The data has been collected through many articles and research papers thoroughly and also some of the acadamic books .offences on the wife have a great impact on the society and is a serious issue .She cant break the ties for sake of the children nor she can survive the marriage by facing such offences. To help woman facing such struggles these offences are codified stringently.

REVIEW OF LITERATURE

Instances of matrimonial offences continue to rise incrementally and remain undisturbed despite the various protective laws made by the legislation ,with each day passing more woman are added into the list of these legal offences .the thing is that many of cases go unreported because of the victims shame or the family opposing not to report ,they are fragile in nature and are scared that the justice may deliver late which makes them have no faith or have little faith in the law 

MARRIAGES IN ANCIENT INDIA

Marriages in India is a complex woven, threads of tradition, social evolution and legal reforms. Ancient India marriage system consisted of different kinds of marriages such as child, marriage, Gandharva, marriage, Ashura, marriage, Daiva, marriage and many more. After the British invasion, many such kinds of marriages have been abolished, including practice of sati and child marriage, which is totally a good sign .As mentioned in the research paper of International journal of research in social sciences and humanities by shazia saifi ,dr Alka rani in their volume:11,issue:2. Marriage is a Pious Relationship between the husband and wife. Vedas are considered as the oldest written literature available for man today there are four Vedas, namely Rigveda Same Veda, Yajur Veda,and Atharva veda which are the primary texts of Hinduism that give much information about the hindu marriage .

During the ancient times practice of marriage is only among the same caste ,religion, and cadre.Due to change in lifestyles and high educational awareness the concept of marriages in modern India has been altered 

MARRIAGES IN MODERN INDIA

Marriages in modern india are a different methodology ,With the passage of time the concept of marriage is being modernised .Increase in individuality and high education by  either of the parties make them  independent and  not depending on each other and when the problems arise parties tend to part ways without any second thought .Also marriages in modern India has altered compared to ancient India people are marrying person of their choice irrespective of caste religion creed or any status .marriage system is advanced with the practise of techniques like Live in relationship ,court marriage .  During ancient times marriage was said to last for SAATH JANAMS ,the bond of seven births but in the recent times most of the cases the marital ties are unable to last for a year .Also it is observed that offences are also rapidly increasing while that of comparing to ancient India .

WHAT DOES EACH SECTION EXPLAIN?

Section 493 which can also be described as MOCK MARRIAGE: states that Any man who marries a women or is sexually interacting her with the name of marriage where the marriage is not done ,but he is making the women believe that he married her .here the man simply acts that the marriage is valid whereas its not in real life in such belief shall be punished with imprisonment of either description for term which may extend to 10 years and shall also be liable to fine.IT IS NON -COGNIZABLE and NON BAILABLE.

Section 494 BIGAMY: whoever having husband or wife alive and without dissoultion of the existing marriage enters into the marital ties with the other women it amounts to bigamy .if such takes place during the life of such husband or wife shall be punished with imprisonment of 7 years and shall also be liable to fine .

              Exception to this rule is that ,the section does not extend to any whose marriage with such husband or wife has been declared void by a competent court.and if the previous spouse has been continuously absent for a period of seven years claimed to be not heard of as being alive which is amounting to desertion which is also the ground to divorce .

Section 497:ADULTERY any person having sexual intercourse other than his wife ,whom he knows or is married in such a instance without the consent of man such offence amounts to offence of rape ,is guilty for offence of adultery and shall be punished with imprisonment of 5 years and also with fine .WIFE IS NOT PUNISHABLE AS AN ABETTOR.

Section 498A: anyone being  the husband of the woman  or any relative of the husband of the woman subjects  woman to cruelty [cruelty in this section means ;wilful conduct which likely drives the woman to commit suicide or to cause danger to life both physically and mentally ;harassment of woman where such is coercing her or any of the relative of the women to transfer the property or asking her to get the dowry  ]shall be punished for impriosnment for 3 years and shall also be liable to fine

CASE LAWS

IN the offence related to bigamy under the famous cases

              Sarla mugdal case: supreme court of India established that by merely converting to another religion no person can escape the liability for committing the offence of bigamy and the conversion itself doesn’t free such person from tenets of their first lawful marriage .

In the offence related to adultery under the famous case

     Joseph sine vs union of India :this case revolved around sec 497where they stated that it  was outdated and makes only  man accountable and exempting woman from prosecution which gives rise to discrimination and violation of articles 14,15 and 21.Supreme Court decision was that adultery is no longer a criminal offence it remains a ground for divorce under civil law

In the offence related to cruelty under the famous case 

Shoba rani vs madhukar reddi 1988:In Shobha Rani, the Supreme Court underscored that the term “cruelty” does not have a fixed definition. The judgement highlighted that what may appear as ordinary friction in one marriage could be seen as intolerable in another, depending on the circumstances. 

METHODS AND SUGGESTIONS 

Its evident that the laws have been codified strictly for such offences .As a woman I personally feel that there should be gender neutrality too and woman in case of adultery also should be made accountable if she knew that the man is already married ,also the speedy trial process should be ensured by the competent courts to make the woman feel safe and give her faith that law of land also steps in and supports her.the victims need to raise their voice against the husband and start reporting the cases to attain justice .

CONCLUSION

This research paper concludes here ,the paper has stated the sections and offences stated also focused on the view on marriages during the ancient time as well as modern times ,also inserted few famous cases relating to the topic .

Firstly I feel that these offences are women supportive and lacks gender neutrality which leads to the potential misuse of the provisions it is also appreciated if men and LGBTQ+have such protection laws to use it as a shield when the party is falsely accusing them to these offences and helps to protect themselves against the case registered .,Secondly laws such as sections 494,495 and 498A of the Indian penal code certainly acts  as a important tools in protecting women especially WOMEN from exploitation within the marital relationships, Also it is believed that if a balanced legal approach is adopted by the legislation that is which protects the purity of marriage while delivering equity and justice at the same time . More Financial support services should also made available to the victim as after the breakdown of the ties if the woman is sole breadwinner of the family she might be facing trouble to feed and earn and. Maintain her family,.…

According to NCRB National Crime Records Bureau it is observed that cases that are registered under these offences are annually increasing ,they are making sure to create awareness among the citizens to raise complaint when they are being faced with these kind of offences . While the awareness is being created by them the false cases are also being registered in accordance with the offences .In conclusion while marriages are built on trust ,love ,sacrement and mutual respect it also needs to be safeguarded with the legal provisions in order to maintain the marital ties and to prevent the parties to misuse and create injustice in the society .

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