Critically examine the provisions relating to few major offences which fall under the 'offences against marriage' in the criminal law of India. Support your answer with case-law.
Offences against marriage, contained in Chapter XX of the Indian Penal Code (IPC), 1860, were designed to safeguard marital sanctity and rights. However, many provisions have been criticised as outdated and discriminatory.
1. Bigamy (Sections 494 and 495)
Bigamy refers to marrying again during the lifetime of a spouse, while the first marriage subsists. Section 494 penalises bigamous marriage, and Section 495 enhances punishment where the earlier marriage was concealed. The essential requirement is the existence of a valid first marriage and a second unlawful marriage. Although gender-neutral in wording, prosecutions usually target men. The IPC applies irrespective of personal laws, as clarified in Sarala Mudgal v. Union of India (1995), where a Hindu husband converting to Islam solely to remarry without dissolving his first marriage was held guilty of bigamy.
2. Adultery (Section 497 – decriminalised)
Section 497 punished only the man engaging in intercourse with another man’s wife, treating the woman as a victim lacking agency. It excluded liability even if she consented, thereby violating Articles 14, 15, and 21. In Joseph Shine v. Union of India (2018), the Supreme Court struck it down, recognising it as patriarchal and unconstitutional. Adultery, however, remains a civil ground for divorce.
3. Criminal Enticement (Section 498 – struck down)
This provision punished enticing a married woman for illicit intercourse. It too was invalidated in Joseph Shine (2018), being discriminatory and treating women as property.
Conclusion
These reforms highlight the constitutional shift toward equality and autonomy. While adultery and enticement have been decriminalised as relics of patriarchy, bigamy continues as an offence, reflecting ongoing tension between marital protection and evolving notions of gender justice.
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