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Nov 27, 20233 min read

Marriage Based On False Information

What happens when you get to know that your marriage is fake or that you believe yourself to be married to your partner, when you are not.


The misrepresentation or trickery during marriage could be considered a criminal offence under the Indian Penal Code.


Marriage based on false information may include offences of Counterfeit or Invalid marriage (Sections 493 and 496), Polygamy (Sections 494 and 495), and Criminal elopement (Section 498). Section 493 of the Code deals with the offence of Fraudulent marriage and Section 496 of the Code deals with the offence of fake marriage.


Section 496 of IPC-

Section 496 of IPC defines the offence of a fraudulent marriage. A person, who is aware of the nature of the marriage ceremony as invalid, and with fraudulent or dishonest intention goes through such ceremony, shall be liable to be convicted under Section 496 of the IPC. Such mock or fraudulent marriages shall be punished under this Section.


Essential elements of the Section-

The following elements are necessary when constituting the offence under section 496 of IPC-

  • The wrongdoer must have dishonest intentions towards the marriage.

  • With fraudulent intention, such a person has gone through the marriage ceremony.

  • The person must be aware of the fact such marriage would not be valid.

  • The main element for a fraudulent marriage will be Mens rea. It must be noticed here, that such crime could be committed by a man or woman.

Nature of the Offence:

Offences committed under this Section are non-cognizable, i.e. a warrant by the magistrate would be needed for arresting the accused.


These offences are bailable, i.e it is a right for granting a bail, for getting bail a person would have to go to the court where it would be at the option of the police to grant bail or not.


These offences are non-compoundable, i.e. the victim is not ready to compromise, thus dropping the charges against the offender.

Cases involving Section 496 of the IPC can be tried in the court of Magistrate of First Class by the trial court- Court of a session.


Punishment-

The punishment for the offence under Section 496 is provided under the same Section, which is for a term of maximum of seven years, in addition to a fine.


Case Laws-

  • In the case Sheikh Almuddin v. Emperor, it was observed that the marriage ceremony was invalid due to the existence of a previous marriage, in such a situation Section 496 shall not be applicable. It will be treated as an offence of bigamy which shall be dealt with under Section 494 of the IPC.

  • In the case of Kailash Singh v State of Rajasthan, the accused did a second marriage during pendency of appeal against the divorce decree. However, the fact was not concealed from the girl he got married to, the court held the accused to be not liable for the offence under section 496 IPC as the mens rea is an important factor.

Filing a case under section 496 IPC-

In case there is a violation of Section 496, the victim would have to first report the same to the nearest police station and lodge an FIR about the same without any cost.


An E- FIR can also be filed since Section 496 is a cognizable offence.


Steps for filing E - FIR is as follows - Visit the local or concerned police's official website for instance www.uttrakhandpolice.nic.in Once the website opens, click on the services option.


Defending a case under section 496 IPC-

  • In case of an accused, he would have to first apply for a bail through his or her lawyer and as it is a bailable offence, the bail would be granted by the court or the police.

  • Also, the accused through a lawyer would have to defend the matter and prove that he didn’t intend to buy the acts alleged in the cases.

Conclusion-

In case someone has dishonestly or fraudulently undergone a marriage ceremony, being aware of the fact that they are not lawfully married, they shall be punished with imprisonment for a period of up to seven years and may also be fined in some cases. It is, therefore, advised to contact an experienced advocate who has been successfully handling cases similar to these.


Lead India offers you a team of advocates who have been successfully handling cases related to marriage issues such as divorce, maintenance, child custody, etc.or even for matters like Court Marriage or Marriage Registeration you may contact a Court Marriage Lawyer. Thus, if you wish to talk to a lawyer or seek free legal advice, you may contact us.


Call Us: +91–8800788535


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