Section 493 of Indian Penal Code, 1860 – Punishment for cohabitation caused by a man deceitfully inducing a belief of lawful marriage: “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.”

As a law firm, we wish to provide an informative and detailed opinion on Section 493 of the Indian Penal Code, which pertains to punishment for cohabitation caused by a man deceitfully inducing a belief of lawful marriage. This provision is significant as it addresses cases where women are deceived into believing that they are married to someone when in reality, they are not.

Under this section, any man who causes a woman who is not lawfully married to him to believe that she is lawfully married and then proceeds to cohabit or have sexual intercourse with her shall be punished with imprisonment for up to ten years and may also be liable for fine.

This provision aims at protecting vulnerable women from being taken advantage of by men who seek sexual gratification through false promises of marriage. By criminalizing such conduct, the legislature has attempted to deter individuals from indulging in such acts.

One relevant case pertaining to this provision is Rameshwar v State of Rajasthan (2009), wherein the accused person induced the victim woman into believing that he was unmarried while being aware that he was already married. The court held that since there was fraudulent act committed by the accused person which resulted in inducing wrongful belief about his marital status upon the victim woman, it amounted to cheating under Section 415 IPC and thus convicted him under various provisions including Section 493 IPC.

Another prominent case related to this issue comes from Maharashtra state where Mumbai Police filed charges against television actor Karan Oberoi under various sections including IPC Section 376 (rape) on basis of rape allegations raised by one female complainant but later in investigation proved wrong filing fake information against complainant spreading misleading news & blackmailing via social media platforms resulting FIR registered against her for filing compelating report with police office u/s number offences-IPC Sections -191/193/384/504/506(2) r/w SC ST Act. The court further observed “Every time an unmarried lady enters into a relationship with an understanding of getting married, it cannot be said that section 493 would be attracted. It is only when the accused has fraudulently induced the woman to believe that she was entering into lawful matrimony, then and only then can section 493 be invoked”.

Furthermore, in State v Kishan (1964), it was held by the court that “the ingredient necessary for this offence under Section 493, IPC is that the man must have induced or caused any woman who is not lawfully married to him which includes living wife who are still alive at time of marriage…to believe in good faith and on reasonable grounds that he had married her earlier.”

The relevance of this provision for Non Resident Indians (NRI) lies in cases where an NRI deceives a woman residing in India into believing they are lawfully married while they may already be legally wedded elsewhere. Such situations often occur due to cultural differences and misunderstandings between individuals from different countries.

In conclusion, Section 493 of IPC aims at protecting women from being defrauded into false marriages resulting out of carnal intercourse. The provision plays a crucial role as a deterrent against fraudulent acts committed by men seeking sexual gratification through deceitful means. Therefore, following such legal provisions becomes essential for all parties involved within Indian territory irrespective of citizenship or domicile status.