What is IPC Section 498?
IPC Section 498 punishes taking or enticing away any woman who is, and whom the accused knows or has reason to believe to be, the wife of another man, from that man or from a person having her care on his behalf, with intent that she may have illicit intercourse with any person, or concealing or detaining her with that intent. It is often described as addressing "criminal elopement" — situations where a third party facilitates a married woman leaving her matrimonial home for this purpose — and is designed to protect the husband's marital rights, rather than the woman's own autonomy or safety.
Section 498 sits within Chapter XX of the IPC ("Of Offences Relating to Marriage"), alongside the now-struck-down Section 497 (adultery). It is distinct from Section 366 (kidnapping/abduction to compel marriage or illicit intercourse, which addresses a woman being taken against her will) and from Section 498A (cruelty by a husband or his relatives towards his wife) — the latter is a completely separate, unrelated offence despite the similar section number.
Important Constitutional Context — Joseph Shine v. Union of India
In Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 (adultery) as unconstitutional, holding that it violated the right to equality and dignity of women by treating a married woman as her husband's property and denying her agency. Because Section 498 rests on a similar underlying premise — protecting the husband's interest in his wife's fidelity, rather than the woman's own rights — legal commentators have questioned whether it, too, would face constitutional difficulty if directly challenged, though the Supreme Court's ruling in Joseph Shine was specifically confined to Section 497 and did not itself strike down Section 498.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 498 IPC now corresponds to Section 84 of the BNS, which has retained the offence in substantially the same form, with the punishment unchanged. FIRs/complaints registered before 1 July 2024 continue to be handled under IPC 498; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 498 IPC
Punishment Under Section 498
| Imprisonment | Up to 2 years (simple or rigorous) |
|---|---|
| Fine | No fixed limit; imprisonment, fine, or both may be imposed |
| Nature of Offence | Non-cognizable — a complaint before a Magistrate is required, not a police FIR |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Compoundable by the husband of the woman (and the woman herself, in some interpretations, though the husband's complaint is essential to prosecution) |
| Triable By | Any Magistrate |
| Limitation Period | 3 years from the date of the offence under Section 468 CrPC |
Crucially, under Section 198 CrPC (and the corresponding BNSS provision), no court can take cognizance of an offence under Section 498 except upon a complaint made by the husband of the woman, or, in his absence, by a person who had care of the woman on his behalf at the time the offence was committed.
Key Ingredients / Essential Elements
The woman is validly married
Her subsisting marriage to another man must be strictly proved — this is an essential ingredient of the offence.
Knowledge or reason to believe she is married
The accused must have known, or had reason to believe, that the woman was married to another man at the relevant time.
Taking, enticing, concealing, or detaining her
The accused must have actively taken or enticed her away from her husband or the person entrusted with her care, or concealed/detained her.
Intent that she have illicit intercourse
The specific intention behind the taking, enticing, concealment, or detention must be that the woman have illicit sexual intercourse with some person.
Absence of consent from the person having her care
Courts have held that if the woman is taken away with the actual consent of the person entrusted with her care on the husband's behalf, this does not constitute "enticing away" under this section.
What Should You Do — For Complainants and For the Accused
If You Are a Husband Seeking to File a Complaint
- Only the husband (or, in his absence, the person having care of the woman on his behalf) can file the complaint — file it directly before the jurisdictional Magistrate under Section 198 CrPC (now BNSS).
- Gather evidence of the marriage, and of the circumstances suggesting the specific intent of illicit intercourse, not merely that the woman left the matrimonial home.
- Consider whether the underlying dispute might be better and more constructively addressed through matrimonial counselling, mediation, or family court proceedings, given the sensitive and personal nature of these situations.
If a Complaint Is Filed Against You
- Since the offence is bailable, bail is available as a matter of right.
- Verify whether the complaint has been filed by the husband himself (or a person entitled to complain on his behalf) — the court cannot take cognizance otherwise.
- Gather evidence relevant to your actual knowledge of the woman's marital status, and the true nature of your intent, or her own voluntary decision to leave without any inducement on your part.
Section 498 vs Section 366 — The Key Distinction
Section 366 addresses kidnapping or abduction of a woman that compels her (against her will) to marry or have illicit intercourse — its focus is protecting the woman herself from coercion. Section 498, by contrast, is framed around protecting the husband's marital rights, and can apply even where the woman herself was a willing participant, so long as the accused's intent and knowledge of her married status are established.
Complaint & Process Under Section 498
Filing the Complaint
Since Section 498 is non-cognizable, and cognizance is further restricted under Section 198 CrPC, the husband (or a person authorised to act on his behalf) must file a complaint directly before a Magistrate.
Magistrate's Inquiry
The Magistrate examines evidence of the marriage, the taking/enticing/concealment, and the specific intent alleged, before issuing process.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Compounding / Trial
The husband can compound (withdraw) the complaint at any stage, or the matter proceeds to trial if not resolved.
Important / Landmark Cases on Section 498
Joseph Shine v. Union of India, (2019) 3 SCC 39
The Supreme Court struck down Section 497 (adultery) as unconstitutional, holding it treated a married woman as her husband's property and denied her sexual autonomy and equal dignity, in violation of Articles 14, 15, and 21 of the Constitution.
Consent of the Guardian/Caretaker Negates the Offence
Courts have held that if a woman is taken away with the genuine consent of the person who had her care on her husband's behalf, this does not amount to "enticing away" under Section 498, since the essential element of taking her away without proper authority is absent.
Strict Proof of Subsisting Marriage Required
Courts have consistently required strict proof of a valid, subsisting marriage between the woman and the complainant husband before a conviction under Section 498 can be sustained — an informal or disputed relationship does not suffice.