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Section 496 - Marriage ceremony fraudulently gone through without lawful marriage

Bailabel Type : bailable

Description

Section 496 of the Indian Penal Code (IPC) deals with fraudulent marriage ceremonies, where a person goes through a marriage ceremony with another person without having the legal capacity to marry. This section applies to cases where the marriage ceremony is performed fraudulently and without the lawful intention of entering into a valid marriage.

Offense Definition (Section 496 IPC):

  • Fraudulent Marriage Ceremony: Section 496 specifically refers to cases where a person pretends to marry someone but does not have the legal capacity or intention to enter into a valid marriage. It may also apply if a person fraudulently induces another to go through a marriage ceremony without the intention of creating a lawful marriage bond.

  • This could include instances where:

    • One party is already married and is fraudulently representing themselves as unmarried.
    • A marriage ceremony is conducted with no intention of abiding by the legal requirements of marriage (such as consent, age, or valid documentation).

Punishment

  • Imprisonment: The punishment for committing the offense of going through a fraudulent marriage ceremony under Section 496 IPC is:
    • Imprisonment for a term which may extend to seven years.
  • Fine: The offender may also be liable to pay a fine, or both imprisonment and fine.
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