Section 493 IPC: Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Indian Penal Code, 1860

Section 493 IPC at a Glance

Section 493 IPC deals with cohabitation caused by a man deceitfully inducing a belief of lawful marriage. It is non-bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 81 BNS.

Punishment

Imprisonment of either description for up to ten years.

Non-Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜
BNS Equivalent

Section 81 โ†’

Section 493 IPC Bare Act Text

493. 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.

Source: Section 493, Indian Penal Code, 1860

Section 493 IPC in Simple Words

Section 493 of the Indian Penal Code (IPC) punishes a man who by deceit causes a 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.

The punishment is imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

The offence is non-cognizable, non-bailable, triable by a Magistrate of the first class, and not compoundable.

Ingredients of Section 493 IPC

  • The accused is a man, and the woman is not lawfully married to him
  • The accused by deceit causes the woman to believe that she is lawfully married to him
  • The woman cohabits or has sexual intercourse with him in that belief

Punishment Under Section 493 IPC

Imprisonment

Imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine. The section prescribes no limit.

Non-Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Magistrate of the first class โ“˜

Causing a woman by deceit to believe she is lawfully married, and to cohabit or have sexual intercourse in that belief, carries imprisonment of either description for up to ten years, and liability to fine.

Example of Section 493 IPC

In 2019 in Bhopal, Tarun took Pooja to a private office where an accomplice posed as a marriage registrar. Tarun had Pooja sign fabricated forms and gave her a forged certificate, deceitfully inducing Pooja to believe that she was lawfully married to him when no valid marriage existed. Believing she was lawfully married to Tarun, Pooja cohabited and had sexual intercourse with him in his apartment. Because Tarun by deceit caused Pooja, who was not lawfully married to him, to believe she was lawfully married to him and to cohabit with him in that belief, Tarun is punishable under Section 493 IPC.

When Section 493 IPC Does Not Apply

  • A valid and lawful marriage actually existed between the man and the woman.
  • The woman was aware that she was not lawfully married to the man and was never misled about her marital status.
  • The man merely promised to marry the woman in the future without deceitfully making her believe they were already lawfully wedded.
  • Although the woman was deceived into believing she was lawfully married, no cohabitation or sexual intercourse took place between them in that belief.

Section 493 IPC in the BNS

Section 493 IPC is now covered under Section 81 BNS.

Section 493 IPC is now Section 81 BNS. The wording of the section and the punishment remain unchanged.

View detailed comparison (IPC 493 vs BNS 81) โ†’

FAQs on Section 493 IPC

What does Section 493 IPC punish?โ–ผ

It punishes 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.

What is the punishment under Section 493 IPC?โ–ผ

Imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

Does Section 493 IPC apply to a broken promise of marriage?โ–ผ

No. The deceit must induce the belief that the woman is already lawfully married to the man, not a promise to marry at a future date.

Is an offence under Section 493 IPC bailable and cognizable?โ–ผ

It is non-cognizable and non-bailable, triable by a Magistrate of the first class.

Can an offence under Section 493 IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC, so it cannot be compounded.

Must a ceremony take place for Section 493 IPC to apply?โ–ผ

No specific ceremony is required by the section so long as the man deceitfully causes the woman to believe that they are lawfully married.

Where is Section 493 IPC found in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 81 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท