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Chapter XX: Of offences relating to Marriage of the Indian Penal Code (IPC) contains sections concerning offences related to marriage. The chapter contains 6 sections, from Section 493 to Section 498. Chapter XXA: Of cruelty by Husband or Relatives of Husband contains Section 498A concerning the husband or a relative of the husband of a woman subjecting her to cruelty. ==Sections in Chapter XX== Section 493 of the IPC is titled "''Cohabitation caused by a man deceitfully inducing a belief of lawful marriage''". The section states that every man who by deceit causes any woman who is not law fully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The punishment for the offence is imprisonment for 10 years and a fine. It is a non-cognizable, non-bailable and non-compoundable offence. It is triable by Magistrate of the first class.〔 〕 Section 494 is titled "''Marrying again during lifetime of husband or wife''". It 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 does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. An offence under the section is punishable by imprisonment for 7 years and fine. It is a non-cognizable and bailable offence, and is triable by Magistrate of the first class. The offence is compoundable by the husband or wife of the person so marrying with the permission of the court. In the State of Andhra Pradesh and Telangana, the offence is cognizable, non-bailable and non-compoundable vide Andhra Pradesh Act No. 3 of 1992, effective 15 February 1992.〔 Section 495 is titled "''Same offence with concealment of former marriage from person with whom subsequent marriage is contracted''". It states that whoever commits the offence defined in Section 494 having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The offence is non-cognizable, bailable and non-compoundable. It is triable by Magistrate of the first class. In the States of Andhra Pradesh and Telangana, the offence is cognizable and non-bailable vide Andhra Pradesh Act No. 3 of 1992, effective 15 February 1992.〔 Section 496 is titled "''Marriage ceremony fraudulently gone through without lawful marriage''". It states 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. The offence is non-cognizable, bailable and non-compoundable. It is triable by Magistrate of the first class. In the States of Andhra Pradesh and Telangana, the offence is cognizable and non-bailable vide Andhra Pradesh Act No. 3 of 1992, effective 15 February 1992.〔 Section 497 is titled "''Adultery''". It states whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor. Adultery is a non-cognizable, bailable and non-compoundable offence, and is triable by Magistrate of the first class. In the States of Andhra Pradesh and Telangana, the offence is cognizable vide Andhra Pradesh Act No. 3 of 1992, effective 15 February 1992.〔 Section 498 is titled "''Enticing or taking away or detaining with criminal intent a married woman''". It states that 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 with that intent any 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. It is a non-cognizable and bailable offence, and is triable by Magistrate of the first class. It is compoundable by the person with whom the offender has contracted.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Chapters XX and XXA of the Indian Penal Code」の詳細全文を読む スポンサード リンク
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