What is IPC Section 493?
cohabitation caused by a man deceitfully inducing a belief of lawful marriage. IPC Section 493 dealt with a man who, by deceit, caused a woman who was not lawfully married to him to believe that she was lawfully married to him and to cohabit or have sexual intercourse with him in that belief.
The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is BNS Section 81. The wording is substantially carried forward, with the new law applying to conduct governed by the BNS from 1 July 2024.
Important Update: IPC to BNS Transition
The Indian Penal Code was repealed for new offences from 1 July 2024. The corresponding provision is BNS Section 81, which applies to conduct under the new criminal law framework. IPC Section 493 remains relevant to conduct governed by the earlier law, subject to applicable repeal-and-savings provisions.
Legal Provision — Text of Section 493 IPC
Explanation: Section 493 required more than proof of a relationship or cohabitation. The prosecution had to establish deceit, an induced belief of lawful marriage, and cohabitation or sexual intercourse resulting from that deception.
Deception is central to the offence. Mere cohabitation with a woman who is not lawfully married to the accused does not by itself establish Section 493. The evidence must show that the accused practiced deception and thereby induced the belief of lawful marriage that led to the prohibited conduct.
Punishment Under IPC Section 493
| Maximum Punishment | Imprisonment of either description up to 10 years and fine |
|---|---|
| Cognizable | No |
| Bailable | No |
| Triable By | Magistrate of the First Class |
| BNS Equivalent | Section 81, Bharatiya Nyaya Sanhita, 2023 |
| Nature | Marriage-related offence based on deceitful inducement of a belief of lawful marriage |
IPC Section 493 prescribed imprisonment of either description for a term which may extend to ten years and also liability to fine. Historically, the offence was non-cognizable, non-bailable, triable by a Magistrate of the First Class and non-compoundable.
Key Ingredients / Essential Elements
For an allegation under Section 493 to be established, the following elements were important:
Deception by the Accused
The accused must have practiced deception on the woman. The deception must involve a false or misleading representation capable of causing her to believe that a lawful marriage existed.
Woman Not Lawfully Married to the Accused
The woman must not in fact be lawfully married to the accused. The section addresses a false belief of lawful marriage rather than a valid marriage itself.
Induced Belief of Lawful Marriage
The deception must cause the woman to believe that she is lawfully married to the accused. The prosecution must connect the accused’s deceptive conduct with that belief.
Cohabitation or Sexual Intercourse
There must be cohabitation or sexual intercourse with the accused in the belief produced by the deception. The required conduct must follow from the induced belief.
Causal Connection Between Deceit and Conduct
The evidence must show the connection between the deception, the false belief of lawful marriage and the resulting cohabitation or sexual intercourse. Mere relationship, promise or cohabitation without the statutory deception is not enough.
What Should You Do — For Complainants and Accused
Cases under Section 493 are fact-sensitive. Evidence about the alleged deception, representations regarding marriage, documents, communications, ceremonies, cohabitation, sexual relationship and the circumstances in which the woman formed the belief of lawful marriage may become important.
If You Believe You Were Deceived Into Believing You Were Lawfully Married
- Preserve messages, photographs, documents, marriage-related records and witness details supporting the alleged representation.
- Record the circumstances in which the accused represented that a lawful marriage existed.
- Preserve evidence showing cohabitation or sexual intercourse that followed the alleged deception.
- Seek legal advice promptly about complaint, evidence, limitation or procedural issues and available remedies.
If You Are Accused Under Section 493
- Review whether the prosecution can identify a specific deceptive representation or conduct by you.
- Examine whether the evidence actually shows an induced belief of lawful marriage.
- Check whether cohabitation or sexual intercourse is alleged to have resulted from that belief.
- Seek timely legal advice regarding the complaint, investigation, evidence and available defence or bail remedies.
Deceitful Inducement vs Mere Relationship or Promise
A relationship, promise to marry, cohabitation or sexual relationship does not automatically satisfy Section 493. The prosecution must establish the specific statutory deception that caused the woman to believe she was lawfully married to the accused and that the required conduct followed from that belief.
Complaint, FIR & Court Process Under Section 493
Alleged Deception and Circumstances Identified
The complainant may identify the representation, conduct or circumstances by which the accused allegedly caused a belief of lawful marriage, along with when and where cohabitation or sexual intercourse occurred.
Evidence and Records Collected
Messages, photographs, documents, marriage-related records, witness statements, communications, travel records, residence records and other surrounding evidence may become relevant depending on the allegations.
Induced Belief and Causation Examined
The investigation may examine whether the accused practiced deception, whether the woman was led to believe a lawful marriage existed and whether the alleged cohabitation or sexual intercourse resulted from that belief.
Complaint and Investigation
Section 493 was historically non-cognizable and non-bailable. The applicable procedural law governs how a complaint is initiated and how the investigation proceeds.
Court Proceedings and Bail
The offence was historically triable by a Magistrate of the First Class and was non-compoundable. Bail, defence strategy and trial preparation depend on the allegations, evidence and procedural law applicable to the case.
Important / Landmark Principles on Deceitful Belief of Lawful Marriage
The Supreme Court considered the ingredients of Section 493 and explained that the prosecution must establish deception, an induced belief of lawful marriage and cohabitation or sexual intercourse resulting from that deception. The case also examined evidence such as long cohabitation, documents and conduct that could support the induced belief.
The Supreme Court held that allegations under Section 493 must disclose the essential ingredients. The Court emphasized that the FIR must demonstrate deceit causing a false belief of lawful marriage and that the resulting cohabitation or sexual intercourse followed from that deception.
A later decision discussed Section 493 alongside Section 496 and reiterated that Section 493 focuses on making a woman believe through deceit that she is lawfully married and then inducing cohabitation or sexual intercourse in that belief.