IPC Section 498 — Enticing or taking away or detaining with criminal intent a married woman

offences relating to marriage

Family / Personal Law

Punishment

Imprisonment up to 2 years, or fine, or both

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”

Summary

If a person takes or lures away a married woman from her husband or from someone caring for her on the husband’s behalf, knowing or having reason to believe she is married, and does so with the intention that she will have illicit sexual relations with someone, that person commits an offence. The same applies if a person hides or keeps such a woman with that same intention. The punishment for this offence can be imprisonment for up to two years, a fine, or both.

Official Text

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Related Judgments

  • JOSEPH SHINE vs UNION OF INDIA — Supreme Court of India (2018)
  • URMILA DEVI vs YUDHVIR SINGH — Supreme Court of India (2013)
  • SMT. SOWMITHRI VISHNU vs UNION OF INDIA & ANR — Supreme Court of India (1985)
  • ALAMGIR & ANOTHER vs THE STATE OF BIHAR — Supreme Court of India (1958)
  • SOCIAL ACTION FORUM FOR MANAV ADHIKAR AND ANOTHER vs UNION OF INDIA MINISTRY OF LAW AND JUSTICE AND OTHERS — Supreme Court of India (2018)
  • S. VARADARAJAN vs STATE OF MADRAS — Supreme Court of India (1964)

Old <-> New Code Mapping

  • BNS §84 — Enticing or taking away or detaining with criminal intent a married woman