Section 493 IPC in my opinion does not presuppose a marriage between the accused and the victim necessarily by following a ritual or marriage by customary ceremony.
When the criminal appeal came up for hearing before a two-Judge Bench, the Judges differed in their views. One of the Judges, Markandey Katju, J., held thatSection 493 IPC was not attracted as there was no proof of lawful marriage although the appellant lived with the complainant for nine years and had twochildren by her. On the other hand, the other Judge, Gyan Sudha Misra, J. was of the view that for an offence under Section 493 there should be an inducement of belief in the woman that she was lawfully married to the accused and the inducement of belief of a lawful marriage cannot be interpreted so as to mean or infer that the marriage necessarily had to be in accordance with any custom or ritual or under Special Marriage Act. She observed as follows :
"9. Section 493 IPC in my opinion does not presuppose a marriage between the accused and the victim necessarily by following a
