Any marriage that turns out to be legally invalid is punishable under this section.

This section requires dishonest or fraudulent intent and knowledge at the time of the ceremony that it would not create a lawful marriage; an honest belief in a valid marriage that later turns out to be flawed is not covered.

Indian Penal Code, 1860

Section 496

repealed

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.§

Why this exists

This provision addresses sham marriage ceremonies performed to deceive someone, for example a fake ceremony conducted with incomplete rites or false pretences, where the person going through it knows all along that no valid marriage results. It protects individuals from being manipulated into believing they are married when they are not, often to obtain companionship, property, or other advantages under false pretences.

Common misconceptions

Myth: Any marriage that turns out to be legally invalid is punishable under this section.
Fact: This section requires dishonest or fraudulent intent and knowledge at the time of the ceremony that it would not create a lawful marriage; an honest belief in a valid marriage that later turns out to be flawed is not covered.