What is Section 498 IPC? Enticing or taking away or detaining with criminal intent a married woman
Published on: Lawiz Team
Learn about Section 498 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 498 punishes anyone who, with criminal intent, takes away, entices, or detains a married woman from her husband or lawful guardian.
Purpose
To protect the sanctity of marriage and prevent others from luring or detaining a married woman unlawfully.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. The woman must be married. 2. The accused must take away, entice, or detain her. 3. The intent must be criminal, such as to cause harm or disrupt the marriage.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or both.
Illustrative Example
If a person convinces a married woman to leave her husband and live with them against her husband's wishes, they are punishable under Section 498.
Legal Defenses
If the accused can prove that the woman came of her own free will without any coercion, they may be acquitted.
Related Sections
Related to Section 497 (Adultery - repealed) and Section 498A (Cruelty to woman by husband or relatives).
FAQs
What does Section 498 IPC define?
Enticing or taking away or detaining with criminal intent a married woman.
How is 'Enticing or taking away or detaining with criminal intent a married woman' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 498 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 498?
Examples include real-life cases involving enticing or taking away or detaining with criminal intent a married woman.
Is Section 498 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 498 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 498 significant?
It holds importance in the framework of criminal law.