INDIAN KANOON SECTION 493 IPC - Indian Penal Code - Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Description

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.

Applicable Offences

A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief

Punishment - 10 Years + Fine

This is a Non-Bailable, Non-Cognizable offence and triable by Magistrate First Class

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.