What is Section 496 IPC? Marriage ceremony fraudulently gone through without lawful marriage
Published on: Lawiz Team
Learn about Section 496 IPC: Meaning, scope, punishment, examples.
Official Legal 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.
What This IPC Section Means – Explained in Simple Words
Section 496 punishes anyone who fraudulently goes through a marriage ceremony without the intention of entering into a lawful marriage.
Purpose
To protect individuals from being deceived by false or fraudulent marriage ceremonies.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. A marriage ceremony must take place. 2. It must be conducted fraudulently. 3. The intent must be to deceive or create a false impression of marriage.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If a person arranges a fake marriage ceremony to deceive another into believing they are married, they are punishable under Section 496.
Legal Defenses
If the accused can prove that the other person knew the ceremony was not legally binding, they may be acquitted.
Related Sections
Related to Section 493 (Cohabitation by deceitful inducement) and Section 495 (Concealment of former marriage).
Important Note
This section focuses on fraudulent marriage ceremonies, not valid marriages.
FAQs
What does Section 496 IPC define?
Marriage ceremony fraudulently gone through without lawful marriage.
How is 'Marriage ceremony fraudulently gone through without lawful marriage' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 496 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 496?
Examples include real-life cases involving marriage ceremony fraudulently gone through without lawful marriage.
Is Section 496 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 496 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 496 significant?
It holds importance in the framework of criminal law.