Offence relating to marriage MCQ Quiz - Objective Question with Answer for Offence relating to marriage - Download Free PDF

The correct answer is 'Section 497 of the I.P.C.'

Key Points

• Joseph Shine Vs. Union of India:
  • This landmark judgment was delivered by the Supreme Court of India in 2018.
  • The case challenged the constitutionality of Section 497 of the Indian Penal Code (I.P.C.), which dealt with adultery.
  • Section 497 was struck down because it was deemed to be archaic, discriminatory towards women, and violative of the right to equality under Article 14, the right to privacy under Article 21, and the right to non-discrimination under Article 15 of the Indian Constitution.
  • The judgment stated that adultery should be treated as a civil matter, not a criminal offense.

Additional Information

• Section 498A of the I.P.C.:
  • This section pertains to the husband or relative of the husband of a woman subjecting her to cruelty.
  • It aims to protect married women from being subjected to cruelty by their husbands or in-laws.
• Section 498 of the I.P.C.:
  • This section deals with enticement of married women.
  • It is rarely used and is not as well-known as Section 498A.
• Section 494 of the I.P.C.:
  • This section deals with the offense of bigamy, where a person marries again during the lifetime of their spouse.
  • It seeks to prevent individuals from marrying multiple times without legally ending previous marriages.

The correct answer is Adultery. 

Key Points

• Adultery is no longer a criminal offense because SC scraps Section 497 of IPC.
• The Court unanimously nullified Section 497 IPC.
• On the opposite, if sexual intercourse is done with the consent of both adults, then the act declines to qualify for the test of a crime. 
• Formerly, adultery was illegalized in 1953, and violators were subject to two years in lock-up, with the motive of defending women from divorce. 
• The law was canceled due to the court found that adultery is a private matter in which the state should not interfere. 

Additional Information

• The crime of bribery shall be punished with custody of either explanation for a term which may increase to one year, with a fine, or with both.
• Punishment for dacoity, commits dacoity shall be punished with custody for life, or with rigorous custody for a term which may increase to ten years, and shall also be responsible for a fine.
• Petty Theft mentions to a criminal act in which property belonging to someone alse is taken without that person's consent.

The correct answer is Option 4.

Key PointsSection 498A, IPC

• Section 498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives.
• It states that if the husband or the relative of the husband of a woman, subjected such woman towards cruelty would be punished with imprisonment for a term which might extend to 3 years and may also be liable for fine.
• For the purpose of this section, “Cruelty” means—
  • 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 woman; or
  • harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
• The offence under this section is a cognizable and a non bailable offence.
• The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.
• A complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 Criminal Procedure Code, 1973 (CrPC) enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.
• For commission of an offence under Section 498-A, following necessary ingredients are required to be satisfied:
  • The woman must be married;
  • She must be subjected to cruelty or harassment;
  • Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.

Additional Information

• Recently, the High Court of Delhi in the matter of Manoj Kumar and Anr. v. State of Delhi, has held that the object of the Section 498A of Indian Penal Code, 1860 (IPC) is to deter dowry deaths of women by husband or kin, and the provision should not be used as a device against relatives “without reason”.

The correct answer is Option 3.

Key Points

• The exclusion of Dower or Mahar from the definition of dowry under Section 304B of the Indian Penal Code (IPC) is an important distinction related to the cultural and legal understanding of these terms within the Indian context.
• Section 304B of the IPC does not explicitly mention Dower or Mahar, but the distinction is derived from the legal definitions and cultural practices surrounding these terms in comparison to what is considered as a dowry.
• Dowry, according to Indian law, refers to any property or valuable security given or agreed to be given either directly or indirectly at or before or any time after the marriage in connection with the marriage of the said parties.
• However, Dower (Mahr in Islamic law) is a mandatory payment, in the form of money or possessions paid by the groom, or by the groom's father, to the bride at the time of marriage, that legally becomes her property.
• The concept of Dower or Mahar is specific to Islamic marriages and is considered a mandatory gift to the bride as part of her financial security.
• In contrast, the concept of dowry typically involves a transfer of wealth from the bride's family to the groom's family, which has been criticized and legally addressed due to its association with various social issues, including dowry violence and dowry death
• While Section 304B IPC deals with the offense of dowry death and specifies the punishment for it, it primarily targets the evils associated with the dowry system, which is different from the concept of Dower/Mahr.
• The rationale is that Dower/Mahr serves as a protective legal right to the wife, given for her benefit and security, unlike dowry, which has been leveraged in some cases to exert financial pressure on the bride's family.
• Section 304B of IPC defines dowry death as: 
• “if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the woman will be considered as dowry death.”
• Essentials of dowry death: 
  • Death must be caused by burns, bodily injury, or other circumstances.
  • Death must occur within seven years of marriage.
  • It must be disclosed that soon before her marriage, she was exposed to cruelty or harassment by her husband or any other relative.
  • ​The cruelty or harassment of her should be connected to the demand for dowry.

Additional Information Section 498A Cruelty

• This provision defines cruelty as "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."

The correct option is Option 1.

Key Points

• Section 493 of the IPC deals with "Cohabitation caused by a man deceitfully inducing a belief of lawful marriage." 
• It states:
  • "Every man who by deceit causes any woman who is not lawfully 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 section stipulates that any man who commits such an act can be punished with imprisonment for up to ten years, along with a fine.

The correct answer is Adultery. 

Key Points

• Adultery is no longer a criminal offense because SC scraps Section 497 of IPC.
• The Court unanimously nullified Section 497 IPC.
• On the opposite, if sexual intercourse is done with the consent of both adults, then the act declines to qualify for the test of a crime. 
• Formerly, adultery was illegalized in 1953, and violators were subject to two years in lock-up, with the motive of defending women from divorce. 
• The law was canceled due to the court found that adultery is a private matter in which the state should not interfere. 

Additional Information

• The crime of bribery shall be punished with custody of either explanation for a term which may increase to one year, with a fine, or with both.
• Punishment for dacoity, commits dacoity shall be punished with custody for life, or with rigorous custody for a term which may increase to ten years, and shall also be responsible for a fine.
• Petty Theft mentions to a criminal act in which property belonging to someone alse is taken without that person's consent.

The correct option is 494.

Key Points

• Section 494: Marrying Again During Lifetime of Husband or Wife 
  • A person commits 'bigamy' if that person:
    • having a husband or a wife living.
    • marries in any case in which such marriage is void.
    • because of its taking place during the life of such husband or wife.
  • There are two exceptions in which the second marriage is not an offence (Defences about a charge of bigamy):
    • When the first marriage has been declared void by a court of competent jurisdiction (i.e. the first marriage is not a valid marriage). 
    • When the husband or wife has been continually absent or not heard of for seven years, provided that this fact be disclosed to the person with whom the second marriage is contracted.
• Under the English law, there is a third exception, viz. bona fide belief in the spouse's death (Tolson's case) and the term 'bigamy' is used under the English law.
• Case:-
  • Kamval Ram AIR 1966 SC 614
    • In a prosecution for bigamy, admission of marriage by the accused is not evidence of it; the second marriage, as a fact, the essential ceremonies constituting it, must be proved.
  • Indu Bhagya Natekar v B.P. Natekar, 1992 CrLJ 601 (Bom).
    • The courts are not so emphatic about proof of ceremonies if other reliable evidence is available.
• The question of criminality under Section 494 is somewhat a vexed question of law and depends upon the personal matrimonial law, usage and custom of the person.

The correct option is 498.

Key Points

• Criminal Elopement:-
  • Section 498: Enticing or taking away or detaining with criminal intent a married woman—
    • "Taking or enticing away or concealing or detaining a woman, knowing or having reason to believe her to be married, from her husband, so that she may have illicit intercourse with any man is punishable with imprisonment for 2 years, or fine, or both".
  • Mere elopement with an adult unmarried woman is no offence.
  • Generally, the woman is quite aware of the purpose for which she is quitting her husband and is an assenting party to it.
  • This section protects the husband who alone can institute prosecution.
  • An offence punishable under Section 498 is a minor offence as compared with an offence punishable under Section 366 (Kidnapping).
  • The wife cannot be punished as an abettor under Section 498.

The correct answer is Option 4.

Key PointsSection 498A, IPC

• Section 498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives.
• It states that if the husband or the relative of the husband of a woman, subjected such woman towards cruelty would be punished with imprisonment for a term which might extend to 3 years and may also be liable for fine.
• For the purpose of this section, “Cruelty” means—
  • 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 woman; or
  • harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
• The offence under this section is a cognizable and a non bailable offence.
• The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.
• A complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 Criminal Procedure Code, 1973 (CrPC) enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.
• For commission of an offence under Section 498-A, following necessary ingredients are required to be satisfied:
  • The woman must be married;
  • She must be subjected to cruelty or harassment;
  • Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.

Additional Information

• Recently, the High Court of Delhi in the matter of Manoj Kumar and Anr. v. State of Delhi, has held that the object of the Section 498A of Indian Penal Code, 1860 (IPC) is to deter dowry deaths of women by husband or kin, and the provision should not be used as a device against relatives “without reason”.

The correct option is Option 1.

Key Points

• Section 493 of the IPC deals with "Cohabitation caused by a man deceitfully inducing a belief of lawful marriage." 
• It states:
  • "Every man who by deceit causes any woman who is not lawfully 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 section stipulates that any man who commits such an act can be punished with imprisonment for up to ten years, along with a fine.

The correct option is 2 years.

Key Points

• Section 376B: Sexual intercourse by husband upon his wife during separation—
  • " Whoever has sexual intercourse with his wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine."
  • Explanation— In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.
  • So basically, Section 376B talks about the sexual intercourse by the spouse with his significant other during detachment or any kind of partition or period of separation.
  • Example: There is a case filed for divorce by a couple and during the separation period, the husband has intercourse with his wife. Upon complaint by the wife, the husband shall be held guilty.
• Essentials of Section 376B:-
  • Such intercourse should occur without the consent of the wife.
  • Such incidents should occur only during the separation period
  • In this section, “ sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of Section 375

Additional Information

• Section 374 of IPC: Unlawful compulsory labour
• Section 376 A of IPC: Punishment for causing death or resulting in a persistent vegetative state of the victim.
• Section 377 of IPC: Unnatural offences

The correct option is 496.

Key Points

• Chapter XX of the Indian Penal Code deals with offences relating to marriage.
• Section 493 and 496: Mock Marriage
  • The following two provisions relate to mock or invalid marriages:
  • Cohabitation or sexual intercourse caused by a man deceitfully inducing a belief of lawful marriage (Section 493).
    • The punishment is imprisonment for up to 10 years and a fine.
  • Dishonestly or fraudulently going through a marriage ceremony knowing that no lawful marriage is thereby created (Section 496).
    • The punishment is imprisonment for up to 7 years and a fine.
• The section 496 offence differs from the section 493 in the fact that in it the ceremony is gone through, which is valid on the face of it but invalid for some reason known to one party, or the other.
• Section 493 section applies to deception practised by a man on a woman and section 496 applies to an offence by a man as well as by a woman.
• Section 493 punishes a man (married or unmarried) who induces a woman to become, as she thinks, his wife, but his concubine.
• The offence under section 493 can be punished as 'rape' under Section 375(4).

The correct answer is imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

Key Points

• Section 494 of the Indian Penal Code provides for 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.  
  Exception.—This 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.

The correct answer is Yusuf Abdul Aziz v. State of Bombay.

Key Points 

• The issue of whether Section 497 of the Indian Penal Code (IPC) is violative of Article 14 and Article 15 of the Constitution was first decided by the Supreme Court of India in the landmark case of Yusuf Abdul Aziz v. State of Bombay (1954) SCR 930.
• However, this decision was challenged and overturned in the historic case of Joseph Shine v. Union of India in 2018. A five-judge bench of the Supreme Court unanimously struck down Section 497, declaring it to be manifestly arbitrary, discriminatory, and violative of the fundamental rights guaranteed under Articles 14, 15, and 21 of the Constitution.
• The Court's decision was based on the following key arguments:
• Section 497 treated women as subordinate to men, denying them the same rights to sexual autonomy.
• The provision was based on outdated notions of morality and had no place in a modern, progressive society.
• The criminalization of adultery failed to address the root causes of marital discord and instead focused on punishing individuals for personal choices.
• The decriminalization of adultery by the Supreme Court in Joseph Shine v. Union of India marked a significant milestone in India's journey towards gender equality.

The correct answer is Void

Key Points

• Bigamy refers to the offence of marrying again during the lifetime of a spouse who is still legally married.
• Under Section 494 of the Indian Penal Code (IPC), bigamy is punishable if a person marries again while their spouse is still living and the marriage is valid in law.
• The second marriage is considered void, i.e., it has no legal effect, if it takes place during the subsistence of the first marriage.
• Bigamy can be punished with imprisonment up to 7 years and fine.
• Hindu Marriage Act, 1955 – Section 5(i) and Section 11 also declare the second marriage void if the first marriage is still subsisting.

Additional Information

• Valid: A subsequent marriage in a case of bigamy is never valid.
• Voidable: Voidable marriages are valid until annulled; bigamous marriages are automatically void.
• Both (1) and (2): Incorrect as the second marriage is strictly void, not valid or voidable.