Offences Against Marriage

Law of Crimes
Dr Racchana D Fadia

First Year LL.B.

Roll No: 12

Division: A

JITENDRA CHAUHAN COLLEGE OF LAW

NAME OF FACULTY: PROF. CHHAYA SHAH

 Acknowledgement
I would like to express my sincere thanks to Respected Teacher Prof. Chhaya Shah and our
Respected Principal Dr Priya J. Shah Ma’am at our esteemed Jitendra Chauhan College of
Law, for their continued and selfless valuable guidance and support in completing my
project. Without their support and suggestions, this project would not have been completed.

I would like to express my gratitude towards the Office and Library staff of Jitendra Chauhan
College of Law for all the back end support to ensure our access to books and journals for
preparation of the project topics.

I would like to appreciate all the senior colleagues and batchmates at our College for their
support and coordination

Place: Mumbai

Date:

Name: Dr Racchana D Fadia

TABLE OF CONTENTS
1. Introduction

2. Offences against Marriage

3. Dowry

4. Adultery

5. Bigamy

6. Cruelty to married woman

7. Desertion

8. Unnatural Sex

9. Comparative Analysis of Offences against Marriage in India and Other Countries

10. Conclusion

11. References

1. INTRODUCTION
Marriage is an institution that forms the foundation of any society and held sacred in
many societies, including India. It is a legal and social contract between two individuals
who pledge to live together and support each other through thick and thin of their lives
spent together. It is the building block of the family, and it is a union that is intended to
last a lifetime. Offences against marriage are thus considered grave crimes, as they
undermine the sanctity of this institution and can cause immense harm to the parties
involved. However, despite the best intentions, sometimes marriages fall apart due to
various reasons. In India, the legal system recognizes the importance of marriage and has
implemented laws to safeguard this institution. Offences against marriage are considered
serious crimes, and the perpetrators are punished severely. Some of the common offences
against marriage under Indian Penal Code and the legal provisions related to these
offences are discussed below.

2. OFFENCES AGAINST MARRIAGE

Offences Against Marriage refer to the various crimes that are committed against the
institution of marriage. These crimes can be committed by either spouse or by a third
party. In India, the Offences Against Marriage are governed by the Indian Penal Code,
1860.

3. DOWRY

Dowry is one of the most prevalent social evils in India, and it is also a criminal offense
under the Indian law of crimes. The practice of dowry refers to the transfer of property or
money from the bride's family to the groom's family at the time of marriage. Although
dowry was initially intended to provide financial support to the newly-wed couple, it has
now turned into a form of exploitation, and in some cases, it has led to the harassment and
even murder of the bride.

The offense of dowry has been widely criticized in India. The dowry system is deeply
ingrained in the Indian culture, and it is seen as a way of establishing the social and
economic status of a family. The practice is often justified by the groom's family as a way
of compensating for the financial burden of raising a daughter. This has led to widespread
 discrimination against women and has often resulted in them being treated as a burden on
their families, so much so that primitive cultured family would resort to female
infanticide to avoid all such possible problems considered to be eventually caused by
raising a daughter child in such communities of Indian society.

However, there have been some efforts to curb the practice of dowry. The Dowry
Prohibition Act of 1961 was enacted to prohibit the giving or taking of dowry. The act
makes it a criminal offense to give or take dowry and imposes severe penalties on those
found guilty of doing so. However, the act has not been very effective in curbing the
practice of dowry, and the offense continues to be prevalent in many parts of the country.

Section 498A of the Indian Penal Code (IPC) deals with the offense of dowry. According
to this section, whoever, being the husband or the relative of the husband of a woman,
subjects her to cruelty shall be punished with imprisonment for a term which may extend
to three years and shall also be liable to fine 1. The section defines cruelty as any willful
conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb, or health (whether mental or physical) of the
woman2

Thus, the offense of dowry is a serious social evil in India and a criminal offense under
the Indian law of crimes. Although there have been some efforts to curb the practice, it
continues to be prevalent in many parts of the country. It is important to address the root
causes of the problem and work towards creating a more equitable society where women
are not seen as a burden on their families.

4. ADULTERY

The offence of adultery under Section 497 of the IPC punishes a man who has sexual
intercourse with a married woman without the consent of her husband. However, the
section only considers men as offenders and not women, which has been criticized for

1
The Indian Penal Code, sec. 498A, No. 45, Acts of Parliament, 1860 (India).

2
Ibid
 being outdated and discriminatory, as it only punishes men and not women. The Supreme
Court of India has also held that it violates the fundamental right to equality guaranteed
under Article 14 of the Constitution of India. 3

Moreover, the offence of adultery does not consider the issue of consent between the two
adults involved and only focuses on the consent of the husband, which has been argued to
violate the right to privacy and personal autonomy.

The rationale behind criminalizing adultery is to protect the sanctity of marriage and the
family as a unit of society. However, it is argued that the criminalization of adultery does
not serve this purpose as it does not prevent extramarital affairs or protect the marriage
institution. Rather, it infringes on the right to privacy of the individuals involved in such
affairs.4

5. BIGAMY

Another offence against marriage in India is Bigamy, which is defined under section 494
of the IPC. This section criminalizes a person's act of marrying another person while still
being in a subsisting marriage. Bigamy is considered a serious offence and is punishable
with imprisonment for up to seven years and a fine. The offence is aimed at protecting the
institution of marriage and preventing individuals from committing acts that may harm
the integrity of the institution. Section 494 of the IPC states that "whoever, having a
husband or wife living, marries in any case in which such marriage is void by reason of
its taking place during the life of such husband or wife, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine." The section makes it clear that a second marriage during the
lifetime of the first spouse is void and illegal. The offence of bigamy is considered to be a
serious crime, as it not only violates the sanctity of marriage but also it not only violates
the sanctity of marriage but also affects the lives of multiple individuals and leads to

3
Joseph Shine v. Union of India, (2018) 10 SCC 639.

4
Singh, R. (2018). Adultery: The Disintegrating Effect of Criminalizing Sexual Autonomy. Journal of the
Indian Law Institute, 60
 complications in legal and personal matters. 5 The provision is gender-neutral, and both
men and women can be punished for committing the offence. This offence is non-
compoundable, which means that the complainant cannot withdraw the case. The offence
is cognizable, which means that the police can arrest the accused without a warrant.

6. CRUELTY TO MARRIED WOMAN

Cruelty against a spouse is a common offense in India. The term "cruelty" refers to any
act or behavior that causes mental or physical harm to the spouse. Cruelty to married
women is another offence against marriage that is recognized under the IPC. Under
Section 498A of the Indian Penal Code, a person who subjects his wife to cruelty can be
punished with imprisonment of up to three years. Section 498A of the IPC states that
"Whoever, being the husband or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine." 6

Cruelty against married women is one of the most common forms of domestic violence in
India. The causes of cruelty against married women include dowry demands, domestic
disputes, extra-marital affairs, and incompatibility. Cruelty to married women includes
both physical and mental cruelty. The effects of cruelty against married women include
physical and mental trauma, emotional distress, and even death or suicide.

To combat cruelty against married women, the Indian government has implemented
various laws and programs, including the Protection of Women from Domestic Violence
Act, 2005, and the One Stop Centre Scheme for Women. However, there is a need for
more awareness campaigns and legal reforms to effectively address the issue of cruelty
against married women in India.7

It is a gender-specific offence, and only men can be punished for committing the offence.
The offence of cruelty to married women under Section 498A of the IPC has been
criticized for being misused by women to harass their husbands and in-laws. The
5
Section 494, Indian Penal Code, 1860
6
Section 498A, Indian Penal Code, 1860.
7
"Cruelty to Married Women in India: Causes and Solutions", Indian Journal of Criminology and
Criminalistics, vol. 37, no. 1, 2016, pp. 38-47:
 provision does not consider the possibility of false complaints and does not provide
adequate safeguards against abuse.

Domestic Violence is another version of Cruelty against married women in the offences
against marriage which is not gender specific. It refers to any act of violence or abuse by
one spouse against the other. Domestic Violence can take various forms such as physical,
emotional, or sexual abuse. The act provides for various remedies such as protection
orders, residence orders, and monetary relief for the victim. The act also recognizes the
right of the victim to live in a violence-free environment and provides for the punishment
of the offender.

7. DESERTION
Another offence against marriage is desertion. Desertion occurs when one spouse
abandons the other without any reasonable cause or justification. 8 Section 125 of the
Code of Criminal Procedure, 1973 (CrPC) provides for maintenance of wives,
children, and parents. 9 If a husband deserts his wife, she can file a petition under this
section and claim maintenance. Similarly, if a wife deserts her husband, he can file a
petition under this section and claim maintenance.

8. UNNATURAL SEX - SECTION 377:

Section 377 of the Indian Penal Code deals with the offence of unnatural offences. The
section criminalizes any sexual activity that is deemed to be unnatural. The section has
been used to prosecute consensual homosexual activity. The Supreme Court of India, in a
landmark judgement in 2018, decriminalized homosexuality and struck down Section
377. This judgement was widely hailed as a progressive step towards equality and human
rights. However, the impact of this judgement on the institution of marriage is yet to be
fully understood.

9. COMPARATIVE ANALYSIS OF OFFENCES AGAINST MARRIAGE IN INDIA

AND OTHER COUNTRIES

8
Desertion as a Matrimonial Offence: An Analysis", Journal of Indian Law Institute, vol. 47, no. 4, 2005, pp.
462-481
9
Ibid
India is not the only country that has criminalized offences against marriage. Many
countries around the world have similar laws that prohibit adultery, bigamy, and cruelty
to married women. However, the legal provisions and penalties for these offences vary
widely across jurisdictions. The laws governing offenses against marriage vary from
country to country. Some countries have stringent laws, while others have more lenient
laws. Some of the significant offenses against marriage in other countries are:

United States: The United States recognizes several offenses against marriage, including
adultery, bigamy, and domestic violence. However, the laws governing these offenses
vary from state to state. In some states, adultery is not considered a criminal offense,
while in others, it is a misdemeanor punishable with a fine.

United Kingdom: The United Kingdom recognizes several offenses against marriage,
including adultery, cruelty, and bigamy. Adultery is not considered a criminal offense in
the United Kingdom. However, if adultery leads to the breakdown of the marriage, it can
be cited as a reason for divorce.

Pakistan: Pakistan recognizes several offenses against marriage, including adultery,

cruelty, and bigamy. Adultery is a criminal offense in Pakistan, and under Section 497 of
the Pakistan Penal Code, a man who has sexual intercourse with the wife of another man
without the latter's consent can be punished with imprisonment of up to five years.

Saudi Arabia: Saudi Arabia has a strict legal system, and offenses against marriage are
dealt with severely. Adultery is a criminal offense in Saudi Arabia

10. CONCLUSION

Offences Against Marriage are serious crimes that can have far-reaching consequences.
The legal framework in India provides for various provisions to deal with these offences.
However, it is important to ensure that these provisions are not misused or abused.
In conclusion, offences against marriage under the IPC aim to protect the sanctity of the
institution of marriage, but they have been the subject of much criticism. Adultery is
considered discriminatory and outdated, bigamy is too narrow in scope, and cruelty to
married women has been misused. The criminalization of adultery and bigamy does not
prevent individuals from engaging in extramarital affairs or entering into second
marriages while the first marriage is still subsisting. While criminalizing such acts may
deter some people from committing them, it may not be an effective way to protect the
institution of marriage. Alternative approaches such as counseling, mediation, and
education may be more effective in preserving the sanctity of marriage. The provision of
cruelty to married women serves an important purpose in addressing domestic violence
against women, but needs to be reformed to prevent its misuse while still serving the
important purpose of protecting married women from abuse.

The recent judgements of the Supreme Court of India striking down Sections 377 and 497
are a step in the right direction towards ensuring the protection of the rights of all
individuals, irrespective of their sexual orientation or gender. It is important for society to
recognize the sanctity of marriage and to take steps to prevent and punish crimes against
this institution. Offences against marriage are considered serious crimes, and the
perpetrators are punished severely. The legal provisions related to such offences and the
punishments prescribed for the offenders are intended to safeguard the sanctity of
marriage and protect the rights of spouses

11. REFERENCES:

A. Indian Penal Code, 1860

B. Joseph Shine v. Union of India, (2018) 10 SCC 443.

C. Law Commission of India, Consultation Paper on Reform of Family Law, 2018.

D. Vanita, R. (2018). The criminalization of adultery in India: A feminist critique. Indian

Journal of Gender Studies, 25(3), 336-352.

E. Ghosh, R. (2017). The offence of adultery under the Indian Penal Code: A critique.
Indian Law Journal, 9(2), 33-42.
F. Singh, V. (2017). Bigamy under the Indian Penal Code: A critique. Indian Journal of
Law and Technology, 13(1), 38-45.

G. Chandra, M. (2019). Cruelty to married women under the Indian Penal Code: An
analysis. International Journal of Legal Studies and Research, 5(3), 47-54.

H. Sharma, V. (2016). Offences against marriage and the law in India. The Indian
Journal of Law and Technology, 12(1), 26-35.

I. Roy, R. (2019). Critical analysis of section 498A of the Indian Penal Code: A feminist
perspective. The Indian Journal of Law and Technology, 15(1), 37-49.

J. Das, S. K. (2019). Dowry death in India: An analysis of crime statistics. Journal of

South Asian Studies, 7(2), 141-152.