संSamvidhan

Practice paper — IPC Chapter 20 — Offences Relating To Marriage

35 questions · answer key at the end · no time limit

samvidhan.co.in

1.Which of the following correctly states the essential elements of the offence under Section 493 IPC?
- (A) A man, by deceit, causes a woman (who is not lawfully married to him) to believe she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief.
- (B) Any person who induces a woman to cohabit with him, whether by deceit or otherwise.
- (C) A man who has sexual intercourse with a woman not lawfully married to him, regardless of belief or deceit.
- (D) A woman who is induced by deceit to believe she is lawfully married to a man.
2.What is the maximum punishment prescribed by Section 493 IPC for the offence?
- (A) Imprisonment for life
- (B) Imprisonment up to seven years and fine
- (C) Imprisonment (either description) for a term which may extend to ten years, and fine
- (D) Only a monetary fine
3.If a woman mistakenly believes she is lawfully married to a man but that belief was not caused by any deceit on the man's part, can the man be punished under Section 493 IPC?
- (A) Yes — the man's liability does not depend on who caused the belief.
- (B) No — the section requires the belief to have been caused by deceit by the man.
- (C) Yes — any cohabitation with a woman not lawfully married to him is punishable.
- (D) No — the offence applies only when the woman is already lawfully married to someone else.
4.Does Section 493 IPC apply when the woman is lawfully married to another person (i.e., married, but not lawfully married to the man who deceives her)?
- (A) No — the section applies only to women who are unmarried.
- (B) No — a woman lawfully married to someone else is excluded from the section.
- (C) Yes — the section applies because it requires the woman to be 'not lawfully married to him', which is satisfied if she is married to another person.
- (D) Yes — but only if the other marriage is void.
5.A man initially cohabits with a woman without deceiving her. Later he deceitfully induces her to believe they are lawfully married, and she thereafter continues to cohabit with him in that belief. On the text of Section 493 IPC, which is correct?
- (A) Section 493 applies because the deceit caused the woman to believe and to cohabit in that belief (including continued cohabitation).
- (B) Section 493 does not apply because the deceit did not cause the initial cohabitation.
- (C) Section 493 applies only if all cohabitation began after the deceitful inducement.
- (D) Section 493 never applies where any cohabitation predates the deceit.
6.Under Section 494 IPC, what is the maximum term of imprisonment that may be imposed for marrying again during the lifetime of a husband or wife?
- (A) Three years
- (B) Five years
- (C) Seven years
- (D) Life imprisonment
7.Which of the following best describes the punishments specified by Section 494 IPC?
- (A) Imprisonment of either description and fine
- (B) Imprisonment only (no fine)
- (C) Fine only
- (D) Forfeiture of property and fine
8.Does Section 494 IPC require that the person marrying again must have knowledge that his or her earlier husband or wife is still living for the offence to be made out?
- (A) Yes — the accused must know the earlier spouse is living
- (B) Only if the earlier spouse is under eighteen years
- (C) Only if the subsequent marriage occurred within three years
- (D) No — the provision does not specify any knowledge or belief requirement
9.If a person's earlier marriage has been legally dissolved by divorce, can Section 494 IPC be invoked for a later marriage?
- (A) Yes — Section 494 applies even if the earlier marriage was dissolved
- (B) No — the section applies where the person is "having a husband or wife living," which dissolution removes
- (C) Yes — but only if the divorce was obtained without the other spouse's knowledge
- (D) No — unless the former spouse has remarried
10.Which of the following most accurately captures the scope of Section 494 IPC regarding the validity of the second marriage?
- (A) It applies to both marriages that are void and those that are merely voidable
- (B) It applies only where the later marriage is voidable for reasons other than taking place during the life of the earlier spouse
- (C) It applies only where the later marriage is void by reason of its taking place during the life of such husband or wife
- (D) It applies only to marriages solemnised within India
11.Under Section 495, what is the maximum term of imprisonment that may be awarded?
- (A) Seven years
- (B) Life imprisonment
- (C) Ten years
- (D) Three years
12.Besides imprisonment, which additional penalty does Section 495 expressly provide?
- (A) Fine
- (B) Death penalty
- (C) Forfeiture of property
- (D) Community service
13.Which element is specifically required for punishment under Section 495?
- (A) That the former marriage was concealed from any third party
- (B) That the subsequent marriage was contracted in another country
- (C) That the offender publicly acknowledges the former marriage
- (D) That the offender had concealed the fact of the former marriage from the person with whom the subsequent marriage is contracted
14.If a person commits the offence defined in the last preceding section but has informed the person with whom the subsequent marriage is contracted about the former marriage, how does Section 495 apply?
- (A) Punishable with up to ten years imprisonment and fine
- (B) Section 495 will not apply because the concealment required by the provision is absent
- (C) Punishable only by fine under Section 495
- (D) Subject to imprisonment of either description for life under Section 495
15.Does Section 495 criminalize mere concealment of a former marriage from the person with whom a subsequent marriage is contracted, where the offence defined in the last preceding section has not been committed?
- (A) Yes; concealment alone is sufficient under Section 495
- (B) No; Section 495 applies only when the offence defined in the last preceding section has been committed and there is concealment
- (C) Yes; but only if a fine is imposed
- (D) No; Section 495 only deals with concealment from third parties, not from the subsequent spouse
16.According to Section 496 IPC, what is the maximum term of imprisonment for going through a marriage ceremony fraudulently knowing that one is not thereby lawfully married?
- (A) Imprisonment for life
- (B) Imprisonment which may extend to seven years
- (C) Imprisonment for three years
- (D) Imprisonment for two years
17.Does Section 496 IPC make the offender liable to a fine in addition to imprisonment?
- (A) No, the provision prescribes imprisonment only
- (B) A fine may be imposed only if imprisonment is not awarded
- (C) Yes, the offender "shall also be liable to fine" in addition to imprisonment
- (D) A fine is optional and not mentioned in the provision
18.If a person goes through the ceremony of being married but honestly believes that the ceremony will make him lawfully married (i.e., lacks the knowledge that he is not thereby lawfully married), is he liable under Section 496 IPC?
- (A) No, because the section requires that the offender be "knowing that he is not thereby lawfully married"
- (B) Yes, because only a fraudulent intention is required and belief is irrelevant
- (C) Yes, because going through the ceremony itself is sufficient regardless of mental state
- (D) Not necessarily; the provision is silent on the mental element
19.If at the time of the ceremony a person went through it "dishonestly or with a fraudulent intention" and knew he was not lawfully married, but later the marriage is validated by some subsequent act, does Section 496 IPC's liability automatically disappear?
- (A) Yes, subsequent validation retroactively removes liability under Section 496
- (B) Yes, because later lawful status overrides the earlier state
- (C) Maybe, only if a court decrees it so
- (D) No, the section punishes the act of going through the ceremony knowing one is not thereby lawfully married, regardless of subsequent events
20.Which mental elements are required by Section 496 IPC for criminal liability when a person goes through a marriage ceremony without being lawfully married?
- (A) Only a dishonest motive is required; knowledge is unnecessary
- (B) Only knowledge of not being lawfully married is required; no dishonest intention needed
- (C) Both a dishonest or fraudulent intention and knowledge that one is not thereby lawfully married are required
- (D) No specific mental element is required; the act alone is punishable
21.Which of the following captures the essential elements of the offence of adultery under Section 497 IPC?
- (A) A man has sexual intercourse with a person who he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, and the intercourse does not amount to rape.
- (B) Any sexual intercourse between a married woman and any man is adultery irrespective of the husband’s consent.
- (C) A married woman who has sexual intercourse outside marriage is the principal offender under Section 497 IPC.
- (D) Any non-consensual sexual intercourse with a married woman is always charged as adultery.
22.What is the maximum punishment prescribed for the offence of adultery under Section 497 IPC?
- (A) Imprisonment for life.
- (B) Imprisonment of either description for a term which may extend to five years, or with fine, or with both.
- (C) Fine only.
- (D) Imprisonment up to seven years.
23.If the sexual intercourse complained of amounts to the offence of rape, can it be prosecuted as adultery under Section 497 IPC?
- (A) Yes — rape is also treated as adultery under Section 497.
- (B) Yes — but only if the husband files a complaint.
- (C) No — intercourse amounting to rape is excluded from the offence of adultery.
- (D) No — rape converts the offence into abetment of adultery.
24.Under Section 497 IPC, is the wife punishable as an abettor of the offence of adultery?
- (A) Yes, the wife is always punishable as an abettor.
- (B) Yes, but only if she instigated the act.
- (C) Yes, but only if the husband files a complaint.
- (D) No, the provision expressly states the wife shall not be punishable as an abettor.
25.If the husband had consented to or connived at his wife's sexual intercourse with another man, is that man guilty of adultery under Section 497 IPC?
- (A) No — the offence requires that the intercourse be "without the consent or connivance of that man", so consent or connivance negates the offence.
- (B) Yes — consent by the husband does not affect liability under Section 497.
- (C) Yes — provided the man still knew she was married.
- (D) Only if the wife actively abetted the act.
26.Which of the following acts is expressly criminalised by Section 498 IPC?
- (A) Taking or enticing away a married woman with intent that she may have illicit intercourse with any person.
- (B) Advising a wife to leave her husband without any sexual intent.
- (C) Contracting a marriage with a woman who is already married.
- (D) Serving a divorce notice on a wife.
27.What is the maximum punishment provided by Section 498 IPC?
- (A) Imprisonment for one year.
- (B) Imprisonment for a term which may extend to two years, or with fine, or with both.
- (C) Imprisonment for five years.
- (D) Capital punishment.
28.Does Section 498 IPC cover merely concealing or detaining a married woman with the required intent, even if she is not 'taken away' from the husband?
- (A) No — only taking or enticing away is covered by the section.
- (B) Yes — the section also criminalises concealing or detaining such a woman with the intent of illicit intercourse.
- (C) No — the section only applies to cases of adultery by the woman.
- (D) Yes — but only if the husband gives a written complaint.
29.If a person takes away a woman but honestly believes and has no reason to believe that she is unmarried, can he be convicted under Section 498 IPC?
- (A) Yes — belief about marital status is irrelevant.
- (B) Yes — if the woman subsequently has illicit intercourse.
- (C) Only if the husband presses charges within a statutory period.
- (D) No — the section requires that the woman be one 'whom he knows or has reason to believe to be the wife of any other man.'
30.Under Section 498 IPC, is the woman's consent to being taken away or detained a defence according to the provision's text?
- (A) Yes — the woman's consent negates the offence.
- (B) No — the section contains no exception or proviso making the woman's consent a defence.
- (C) Yes — but only if the husband also consents.
- (D) It depends on whether the intercourse is consensual later on.
31.Who can be held liable under Section 498A of the IPC as per the provision text?
- (A) The husband or the relative of the husband of a woman
- (B) The woman herself
- (C) Any person who causes cruelty to any person
- (D) The woman's relative (not related to the husband)
32.What is the maximum term of imprisonment prescribed by Section 498A of the IPC?
- (A) One year
- (B) Three years
- (C) Seven years
- (D) Life imprisonment
33.If a neighbour (not related to the husband) subjects a woman to cruelty, can that neighbour be punished under Section 498A based on the provision text alone?
- (A) Yes, any person subjecting a woman to cruelty is covered
- (B) Yes, if the neighbour acted on behalf of the husband
- (C) No, only the husband or the relative of the husband is covered
- (D) No, only state actors are covered
34.Can an accused under Section 498A be punished only with a fine and not imprisonment according to the provision?
- (A) Yes — fine may be imposed without imprisonment
- (B) Yes — imprisonment is optional and may be waived
- (C) No — the provision mandates punishment with imprisonment and also liability to fine
- (D) Only if the court orders imprisonment to be suspended
35.Does Section 498A apply when a woman is subjected to cruelty by a relative of the woman who is not related to the husband?
- (A) No — the provision applies only to the husband or the relative of the husband
- (B) Yes — any relative of the woman is covered
- (C) No — the provision applies only to the husband himself, not relatives
- (D) Yes — the provision covers any person connected to the family

Answer key

1. A2. C3. B4. C5. A6. C7. A8. D9. B10. C11. C12. A13. D14. B15. B16. B17. C18. A19. D20. C21. A22. B23. C24. D25. A26. A27. B28. B29. D30. B31. A32. B33. C34. C35. A

Explanations

1. (A) Section 493 penalises every man who, by deceit, causes any woman not lawfully married to him to believe she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief. The provision requires both deceit and the woman's belief leading to cohabitation or intercourse.
2. (C) The section states punishment as imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine. Thus the maximum term specified is ten years plus fine.
3. (B) Section 493 specifically penalises a man who 'by deceit causes' a woman to believe she is lawfully married and to cohabit or have sexual intercourse in that belief. If the belief was not caused by deceit by the man, the statutory requirement is not met.
4. (C) The provision refers to 'any woman who is not lawfully married to him', so a woman lawfully married to another person would still be 'not lawfully married to him'. Therefore the section can apply in that situation if the other ingredients (deceit and cohabitation in that belief) are present.
5. (A) The section punishes a man who 'by deceit causes' a woman to believe she is lawfully married to him and 'to cohabit or have sexual intercourse with him in that belief.' If the deceit causes her belief and she then cohabits (or continues to cohabit) in that belief, the statutory elements are satisfied even if some cohabitation preceded the deceit.
6. (C) The provision states the offender "shall be punished with imprisonment of either description for a term which may extend to seven years," so the maximum term is seven years.
7. (A) Section 494 provides that the offender "shall be punished with imprisonment of either description ... and shall also be liable to fine," thus both imprisonment (either description) and a fine are specified.
8. (D) The section begins "Whoever, having a husband or wife living, marries..." and contains no wording requiring knowledge or belief; it therefore does not specify a mens rea element in its text.
9. (B) Section 494 refers to "having a husband or wife living," so where the earlier marriage has been dissolved the person is not 'having a husband or wife living' and the text of the section would not apply.
10. (C) The provision applies to cases where the marriage is "void by reason of its taking place during the life of such husband or wife," so its scope is limited to marriages that are void for that specific reason, not to voidable marriages generally.
11. (C) The provision states that the offender "shall be punished with imprisonment of either description for a term which may extend to ten years." Thus the maximum term specified is ten years.
12. (A) The provision concludes that the offender "shall also be liable to fine." Therefore a fine is the additional penalty expressly provided.
13. (D) Section 495 applies where the offender committed the offence defined in the last preceding section "having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage." Thus concealment must be from that person.
14. (B) Section 495 is directed at cases where the offender committed the preceding offence "having concealed" the former marriage from the subsequent spouse. If the former marriage was disclosed, the concealment element is absent and Section 495 does not apply.
15. (B) The opening words require that one "commits the offence defined in the last preceding section having concealed" the fact of the former marriage. Thus both the commission of that offence and the concealment are required; concealment alone is not sufficient under Section 495.
16. (B) The provision states the offender "shall be punished with imprisonment of either description for a term which may extend to seven years," making seven years the maximum term specified. No longer term is mentioned in the text.
17. (C) The section expressly states the offender "shall also be liable to fine," indicating liability to a fine in addition to imprisonment. The text plainly adds fine to the punishment.
18. (A) The section requires that the person goes through the ceremony "knowing that he is not thereby lawfully married," so absence of that knowledge means the element is missing. The text therefore excludes those who honestly believe they become lawfully married.
19. (D) The provision penalises the act of going through the ceremony "knowing that he is not thereby lawfully married." Liability is based on the state of knowledge and intention at the time of the ceremony, and the text does not provide that later validation negates that culpability.
20. (C) The section begins with "Whoever, dishonestly or with a fraudulent intention, goes through the ceremony... knowing that he is not thereby lawfully married," which requires both the dishonest/fraudulent intention and the knowledge that the ceremony does not lawfully marry him. Both elements appear in the text.
21. (A) Section 497 defines adultery as a man having sexual intercourse with a person whom he knows or has reason to believe is another man's wife, without that man's consent or connivance, and expressly excludes intercourse amounting to rape. The provision therefore requires knowledge (or reason to believe), lack of the husband's consent/connivance, and that it not be rape.
22. (B) The provision states the offender "shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both." Thus the maximum imprisonment term specified is five years, with fine or both also possible.
23. (C) Section 497 expressly states the offence is committed when the intercourse is "not amounting to the offence of rape," indicating that intercourse amounting to rape is excluded from adultery. Therefore conduct that is rape cannot simultaneously be prosecuted as adultery under this provision.
24. (D) The provision explicitly provides that "the wife shall not be punishable as an abettor." Hence regardless of other facts in the case, the statute removes criminal liability for the wife as an abettor to this offence.
25. (A) Section 497 requires the intercourse to be "without the consent or connivance of that man." If the husband consents or connives, that statutory element is absent and the charge of adultery under this provision cannot be made out. The provision therefore negates liability when husband’s consent or connivance exists.
26. (A) The section begins: 'Whoever takes or entices away any woman who is ... the wife of any other man ... with intent that she may have illicit intercourse with any person ... shall be punished.' It therefore criminalises taking or enticing away with that illicit-intent.
27. (B) The provision prescribes 'imprisonment of either description for a term which may extend to two years, or with fine, or with both.' Thus the maximum term specified is two years, or a fine, or both.
28. (B) The section states 'or conceals or detains with that intent any such woman,' explicitly bringing concealment or detention within the offence even if there is no separate act of taking away.
29. (D) The offence is described as committed by one who 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.' Thus lack of knowledge or reason to believe she is married falls outside the section as worded.
30. (B) The section penalises taking, enticing away, concealing or detaining 'with intent that she may have illicit intercourse' and sets out the punishment, but it contains no clause excepting cases where the woman consents; therefore the text does not make consent a defence.
31. (A) The provision states that "being the husband or the relative of the husband of a woman, subjects such woman to cruelty" attracts punishment. It therefore identifies the husband or the relative of the husband as the persons liable.
32. (B) The provision specifies punishment "with imprisonment for a term which may extend to three years." Thus the maximum term of imprisonment under this provision is three years.
33. (C) Section 498A applies specifically to "the husband or the relative of the husband of a woman" who subjects her to cruelty. A neighbour who is not the husband or a relative of the husband therefore falls outside the provision's stated scope.
34. (C) The provision states the offender "shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine." It thus prescribes imprisonment and also liability to fine, not merely a standalone fine.
35. (A) The provision expressly refers to "the husband or the relative of the husband of a woman" as the persons who, if they subject the woman to cruelty, shall be punished. A relative of the woman who is not a relative of the husband is therefore not covered by the wording of this section.