CHAPTER 25
OFFENCES RELATING TO
MARRIAGE AND INCEST
Note - As to action necessary before taking cognizance of certain offence
under this Chapter, see sections 133 and 134 of the Criminal Procedure
Act, 2003.
Section 425 - “Cohabitation caused by a man deceitfully inducing a belief of lawful
Marriage”: Every man who by deceit causes any woman who is not
lawfully married to him to believe that she is lawfully married to him and
to cohabit or have sexual intercourse with him in that belief, shall on
conviction, be punished with imprisonment for a term not exceeding two
years and may also be liable to fine.
Section 426 - “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 on conviction, be punished with imprisonment for
a term not exceeding two years and may also be liable to fine.
Section 427 - “Adultery with Married Woman”: Whoever has sexual intercourse
with a woman who is and whom he has reason to believe to be the wife of
another man, such sexual intercourse not amounting to the offence of rape,
commits the offence of adultery and shall on conviction, be punished with
imprisonment for a term not exceeding two years or with fine or with both.
Section 428 - “Adultery by Married Woman”: Whoever being a married woman has
sexual intercourse with another man commits the offence of adultery and
shall on conviction, be punished with imprisonment for a term not
exceeding two years or with fine or with both.
Section 429 - “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 him or any other
person or conceals or detains with that intent any such woman, shall on
conviction, be punished with imprisonment for a term not exceeding three
years or with fine of with both.
Section 430 - “Incest”: Whoever being a man has sexual intercourse with a woman
who is and whom he knows or has reason to believe to be his daughter, his
grand-daughter, his mother or any other of his female ascendants or
descendants, his sister or the daughter of his brother or sister or his
paternal or maternal aunt or uncle and whoever being a woman voluntarily
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