Section 496 IPC: Marriage ceremony fraudulently gone through without lawful marriage

Indian Penal Code, 1860

Section 496 IPC at a Glance

Section 496 IPC deals with marriage ceremony fraudulently gone through without lawful marriage. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 83 BNS.

Punishment

Imprisonment of either description for up to seven years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 83 →

Section 496 IPC Bare Act Text

496. Marriage ceremony fraudulently gone through without lawful marriage

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Section 496, Indian Penal Code, 1860

Section 496 IPC in Simple Words

Section 496 of the Indian Penal Code (IPC) punishes a person who, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married.

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

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

Ingredients of Section 496 IPC

  • The accused went through the ceremony of being married
  • The accused knew that he was not thereby lawfully married
  • The accused did so dishonestly or with a fraudulent intention

Punishment Under Section 496 IPC

Imprisonment

Imprisonment of either description for up to seven years.

Fine

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

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Going through the ceremony of being married dishonestly or with a fraudulent intention, knowing that one is not thereby lawfully married, carries imprisonment of either description for up to seven years, and liability to fine.

Example of Section 496 IPC

In 2017 in Dehradun, Pranav arranged a sham wedding ceremony with Ananya at a temple using an unauthorized actor instead of a priest and omitting essential rites. Pranav knew that this ceremony would not create a lawful marriage between them, but he went through the marriage ceremony dishonestly in order to induce Ananya's mother to transfer her savings into his bank account as Ananya's groom. Because Pranav went through the ceremony of being married dishonestly and with a fraudulent intention while knowing that he was not thereby lawfully married, Pranav is punishable under Section 496 IPC.

When Section 496 IPC Does Not Apply

  • The marriage ceremony complied with the law and resulted in a valid, lawful marriage between the parties.
  • The accused genuinely believed that the ceremony created a lawful marriage and did not know that it was legally ineffective.
  • The parties participated in a symbolic or theatrical marriage ceremony without any dishonesty or fraudulent intention.
  • No ceremony of being married was actually gone through by the accused.

Section 496 IPC in the BNS

Section 496 IPC is now covered under Section 83 BNS.

Section 496 IPC is now Section 83 BNS. The heading, the text of the section and the punishment remain unchanged.

View detailed comparison (IPC 496 vs BNS 83) →

FAQs on Section 496 IPC

What does Section 496 IPC punish?▼

It punishes whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married.

What is the punishment under Section 496 IPC?▼

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

What mental state is required under Section 496 IPC?▼

The person must go through the ceremony dishonestly or with a fraudulent intention, knowing that he is not thereby lawfully married.

Is an offence under Section 496 IPC bailable and cognizable?▼

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

Can an offence under Section 496 IPC be compounded?▼

No. Section 496 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

How does Section 496 IPC differ from Section 493 IPC?▼

Section 496 IPC punishes going through the marriage ceremony itself dishonestly or fraudulently, whereas Section 493 IPC punishes a man who by deceit induces a woman to believe they are married and to cohabit in that belief.

Where is Section 496 IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 83 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 · Last updated: 16 Oct 2026 ·