Indian Penal Code, 1860
Section 498
repealedEnticing 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.
Why this exists
This provision was designed to protect the marital relationship by punishing third parties who lure, hide, or detain a married woman away from her husband with the intention of facilitating an illicit sexual relationship. Like the now-struck-down adultery provision, it reflects an older view of marriage where a husband's control over his wife's movements and associations was treated as a legal interest worth protecting, and it has been criticised on similar grounds for treating women as objects of ownership rather than as autonomous individuals.
Common misconceptions
- Myth: This section punishes the married woman herself for leaving her husband.
Fact: The section punishes the person who entices, takes away, conceals, or detains the woman with the specified intent; it does not criminalise the woman's own decision to leave.