Marital Crime and Related Offences in India
Written By: Khwahish Khurana
Introduction
Marriage is believed to be such a pious relationship not only between two people but is regarded as a relationship established between their families as well. Marriage is considered a responsibility of the parents which they have to fulfil before their death. For society, it is a one-time event, and whatsoever happens, it should not be ended.
A woman is told to adjust to whatever environment is provided to her and not complain about it. Because of such a mindset, a woman has to go through so much suffering to save her marriage. Women don’t voice out and keep facing it due to a lack of support from their parents. Acts like domestic violence, dowry death, bigamy, etc are very common examples of offences relating to marriage in India.
Offences Relating To Marriages Under IPC
In the Indian penal code, offences related to marriages have been defined under sections 493 to 498A. These sections include Mock marriage, bigamy, adultery, criminal elopement, etc. Section 493 Mock marriage is a criminal act of enticing a woman by a man or making her believe that they have been married through lawful ceremonies and committing sexual intercourse with such a woman is liable under the offence of mock marriage under which punishment of 10 yrs and fine have been prescribed.
Section 494 and 495 define bigamy as when a husband or wife remarries while their spouse is alive and shall be punished with imprisonment of either description for a term which may extend to 7 years and fine. Section 498 defines criminal elopement as when a male or female entices a married woman in order to commit sexual intercourse would be punished not more than 2 years or fine or both. Section 498A defines cruelty against a married woman by her husband or his relative and punishes such people with imprisonment not exceeding 3 years and a fine.
Domestic Violence – Most Common Crime Relating To Marriage
Amongst all the offences stated above, domestic violence is very common in India. The national crime records bureau (NCRB) 2019 stated that the majority of the cases were of domestic violence amongst all the cases reported in that year. Domestic violence is very common as marriage is viewed as a responsibility that has to be fulfilled by the parents and so whatever happens, a woman has to face it.
Also, a big reason which contributes to the high number of domestic violence cases in India is that women are economically dependent on their husbands so they have to bear it knowing it’s wrong. They know the society won’t accept a woman voicing out or complaining about her marriage. They fear that their parents won’t support the idea of divorce and due to this lack of support they suppress their voice.
Additionally, it creates a negative impact on children of such parents. A girl child would feel it is okay to face such abuse during her marriage and a boy would feel okay in abusing his future wife. It is a vicious cycle that keeps on affecting the next generations. To curb domestic violence or cruelty against women by their husbands or their relatives, the Domestic Violence Act was made in 2005.
Domestic Violence Act 2005 (DV Act)
Domestic violence act 2005 was made with a motive to provide quick remedy and support to women suffering violence or abuse at their homes. This act is a glimmer of hope for women who are victims of domestic violence each day but lack support for their parents and society. It defines domestic violence as “causing any harm or injury to the safety, life, health or well being of the aggrieved woman by committing any physical, sexual, verbal or economic abuse”.
In case Sri Puttaraju V. Smt. Shivakumari decided on 18 may 2021 wherein the question before the court of law was that whether an application under section 12 of domestic violence is barred by limitation under section 468 CrPC?
Section 468 of CrPC defines the time limit for filing an application against the commission of an offence. The Karnataka court stated that section 468 of CrPC is applicable only to offences and because domestic violence does not come under the term ‘offence’, section 12 of DV act 2005 is not barred by limitation under 468 of CrPC.
Conclusion
Offences relating to marriage are addressed by the Indian penal code and many separate acts have been made to put a hold on it. But the laws can only help when the person speaks out and not keeps on suffering. Domestic violence is the most common offence out of all the offences that a woman faces after her marriage. Society never points a finger at it because they consider it to be a ‘normal thing’.
Society should stop calling daughters ‘paraya dhan’ and stop conditioning daughters into believing that their life as a woman is only complete when they serve their husband and his family well. Women should be made economically independent so they don’t have to rely on their husbands financially and feel a sense of inferiority. People should realize that marriage doesn’t mean they are buying a house help. It is a relationship that needs to be respected by each other rather than putting labels of superior or inferior while being in a relationship.
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