Section 498 IPC: Enticing or taking away or detaining with criminal intent a married woman

Indian Penal Code, 1860

Section 498 IPC at a Glance

Section 498 IPC deals with enticing or taking away or detaining with criminal intent a married woman. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 84 BNS.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 84 →

Section 498 IPC Bare Act Text

498. Enticing or taking away or detaining with criminal intent a married woman

Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Source: Section 498, Indian Penal Code, 1860

Section 498 IPC in Simple Words

Section 498 of the Indian Penal Code (IPC) punishes whoever takes or entices away any woman who is, and whom he knows or has reason to believe to be, the wife of any other man, from that man or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman.

The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

The offence is non-cognizable and bailable, triable by any Magistrate, and compoundable without the permission of the court by the husband and the woman.

Ingredients of Section 498 IPC

  • The woman was the wife of another man
  • The accused knew or had reason to believe that she was the wife of another man
  • The accused took or enticed her away from that man, or from a person having the care of her on his behalf, or concealed or detained her
  • The accused acted with intent that she may have illicit intercourse with any person

Punishment Under Section 498 IPC

Imprisonment

Imprisonment of either description for up to two years.

Fine

The court may impose a fine alone or with imprisonment. The section sets no limit.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Taking or enticing away, concealing or detaining a married woman with intent that she may have illicit intercourse with any person carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 498 IPC

In 2017 in Jodhpur, Pallavi was living at her matrimonial home with her husband, Deepak. Knowing that Pallavi was Deepak's lawful wife, Kishore induced Pallavi with false promises of a luxury lifestyle to leave Deepak's home with him and took her to a farmhouse in Udaipur, where he concealed her with the intent that she might have illicit intercourse with him. Because Kishore enticed away and concealed a woman whom he knew to be the wife of another man, from that man, with the intent that she might have illicit intercourse, Kishore is punishable under Section 498 IPC.

When Section 498 IPC Does Not Apply

  • The accused neither knew nor had reason to believe that the woman was the wife of another man.
  • The woman was not taken or enticed away from her husband or a person caring for her on his behalf, and was not concealed or detained by the accused.
  • The accused gave shelter to the married woman without any intent that she have illicit intercourse with any person.
  • The woman was not legally married to another man at the time she left.

Section 498 IPC in the BNS

Section 498 IPC is now covered under Section 84 BNS.

Section 498 IPC is now Section 84 BNS. The BNS omits the clause from that man, or from any person having the care of her on behalf of that man, while the acts of enticing, taking away, concealing, or detaining with intent to cause illicit intercourse, along with the punishment, remain unchanged.

View detailed comparison (IPC 498 vs BNS 84) →

FAQs on Section 498 IPC

What does Section 498 IPC punish?▼

It punishes whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man or any person having care of her on his behalf, or conceals or detains her, with intent that she may have illicit intercourse with any person.

What is the punishment under Section 498 IPC?▼

Imprisonment of either description for a term which may extend to two years, or with fine, or with both.

What specific intent must be proved under Section 498 IPC?▼

The prosecution must prove an intent that the woman may have illicit intercourse with any person.

Is Section 498 IPC bailable and cognizable?▼

It is non-cognizable and bailable, triable by any Magistrate.

Can an offence under Section 498 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, it can be compounded without the permission of the court by both the husband of the woman and the woman.

What words were removed when Section 498 IPC became Section 84 BNS?▼

Section 84 BNS removed the words specifying that the woman must be taken or enticed away from that man, or from any person having the care of her on behalf of that man.

Where is Section 498 IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 84 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 ·