Offences relating to marriage (SECTION 80-87) under Indian law include dowry death (Section 80), deceitful cohabitation, bigamy, and fraudulent marriage (Sections 81-83), cruelty by husband or relatives (Sections 84-86), and forced marriage or abduction (Section 87), with punishments ranging from fines to life imprisonment.
Dowry Death (Section 80) (EARLIER Sections 304 B)
What is Section 80?
Section 80 defines “dowry death” as the death of a woman caused by burns, bodily injury, or unnatural circumstances within seven years of marriage. It applies when the woman was subjected to cruelty or harassment by her husband or his relatives in connection with dowry demands. The accused shall be presumed to have caused her death.
Punishment
Imprisonment: At least seven years, extendable to life imprisonment.
Landmark Case: Shanti vs. State of Haryana (1991)
In this case, Supreme Court ruled that continuous harassment for dowry leading to the wife’s unnatural death falls under dowry death, even if there is no direct evidence of physical violence.
Objective
Dowry death is a grave social evil, and this provision ensures strict liability on the husband and his family to curb dowry-related violence.
Cohabitation by Deceit (Section 81) (EARLIER Section 493)
What is Section 81?
Section 81 punishes a man who deceives a woman into believing she is lawfully married to him and engages in cohabitation or sexual intercourse with her under that belief.
Punishment
Imprisonment: Up to ten years and a fine.
Landmark Case: Saroj Rani vs. Sudarshan Kumar (1984)
In this case, Supreme Court emphasized the importance of consent in marriage and how deceitful acts violate the dignity of women.
Objective
This section protects women from fraudulent marriages and ensures that deceptive acts leading to cohabitation are punishable.
Bigamy (Section 82) (EARLIER Section 494)
What is Section 82?
Section 82 states that a person with a living spouse who marries again commits bigamy unless the first marriage has been legally dissolved or the spouse is absent for seven years without being heard of.
Punishment
- Imprisonment up to seven years and a fine.
- If the offender conceals the first marriage, punishment extends to ten years.
Landmark Case: Lily Thomas vs. Union of India (2000)
In this case, Supreme Court held that converting to another religion for the sole purpose of bigamy does not grant legal immunity under this law.
Objective
Bigamy laws aim to protect the sanctity of marriage and prevent deception by individuals seeking multiple spouses unlawfully.
Fraudulent Marriage Ceremony (Section 83) (EARLIER Section 496)
What is Section 83?
Section 83 penalises individuals who knowingly go through a marriage ceremony with fraudulent intent despite being aware that they are not legally married.
Punishment
Imprisonment: Up to seven years and a fine.
Landmark Case: Kharak Singh vs. State of U.P. (1963)
In this case, Supreme Court addressed the importance of legal recognition in marriage ceremonies.
Objective
The provision prevents fraudulent marriages and safeguards the rights of individuals against deception.
Enticing a Married Woman (Section 84) (EARLIER Section 498)
What is Section 84?
Section 84 criminalizes taking or enticing away a married woman for illicit intercourse or concealing/detaining her for such a purpose.
Punishment
Imprisonment: Up to two years, or a fine, or both.
Landmark Case:Saroj vs. State of U.P. (2007)
In this case, Supreme Court ruled that enticing a married woman with fraudulent means constitutes a punishable offense.
Objective
This provision protects the marital bond and prevents interference in legally recognized marriages.
Cruelty by Husband or His Relatives (Section 85) (EARLIER Section 498-A)
What is Section 85?
Section 85 punishes any husband or relative who subjects a woman to cruelty, which may drive her to suicide, cause injury, or involve harassment for dowry.
Punishment
Imprisonment: Up to three years and a fine.
Landmark Case: Shobha Rani vs. Madhukar Reddi (1988)
In this case, Supreme Court defined cruelty broadly, emphasizing mental and physical cruelty.
Objective
This section aims to protect women from domestic abuse and harassment within marriage.
Definition of Cruelty (Section 86)
What is Section 86?
Cruelty includes:
(a) Conduct that may drive a woman to suicide or cause serious harm.
(b) Harassment to coerce dowry or punish the woman for failing to meet demands.
Punishment
Covered under Section 85 with up to three years of imprisonment and a fine.
Landmark Case: Kaliyaperumal vs. State of Tamil Nadu (2003)
In this case, Supreme Court addressed that cruelty must be continuous and connected to dowry demands.
Objective
This provision provides clarity on cruelty and ensures women’s safety from abuse.
Kidnapping or Abduction for Forced Marriage (Section 87)
What is Section 87?
Section 87 criminalizes kidnapping or abducting a woman to force her into marriage or illicit intercourse, including using threats, coercion, or deception.
Punishment
Imprisonment: Up to ten years and a fine.
Landmark Case: Lata Singh vs. State of U.P. (2006)
In this case, Supreme Court upheld a woman’s right to choose her spouse and condemned forced marriages.
Objective
This provision safeguards women’s autonomy and prevents forced marriages through coercion or deceit.
Quick Summary – Offences Relating to Marriage |
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SOURCE – MINISTRY OF LAW AND JUSTICE
Frequently Asked Questions (FAQs) – Offences Relating to Marriage
1. What is the legal definition of dowry death under Indian law?
Under Section 80, dowry death refers to the unnatural death of a woman within seven years of marriage due to harassment or cruelty related to dowry demands. The husband or his relatives are presumed responsible if cruelty occurred before her death. Punishment ranges from seven years to life imprisonment.
2. What is the punishment for bigamy under Indian law?
As per Section 82, bigamy—marrying another while the first spouse is alive—is punishable by up to seven years imprisonment and a fine. If the offender conceals the first marriage, the punishment extends to ten years imprisonment.
3. How does Indian law protect women from fraudulent marriages?
Section 81 penalizes men who deceitfully induce a woman into believing she is legally married to them and cohabit with her. Section 83 criminalizes undergoing a fraudulent marriage ceremony while knowing it is legally invalid. Both offences are punishable with imprisonment up to ten years and seven years, respectively.
4. What constitutes cruelty by a husband or his relatives under Indian law?
Under Section 85, cruelty includes physical and mental abuse or harassment related to dowry demands. Section 86 further defines cruelty to include conduct driving a woman to suicide or causing grave harm. The punishment is up to three years imprisonment and a fine.
5. What legal provisions exist to prevent forced marriages in India?
Section 87 criminalizes kidnapping or abducting a woman with the intent to force her into marriage or illicit intercourse. It also includes coercion through threats or abuse of authority. The punishment is up to ten years imprisonment and a fine.
