Any amendment in section 493

Hello Sir,

What I can gather from your query is, you want to if there is any amendment under Section 493 of IPC. Section 493 of IPC provides for Cohabitation caused by a man deceitfully including 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 s*xual intercourse with him in that belief, shall be punishable with imprisonment of either descripttion for a term which may extend to ten years, shall also be liable to fine. The essence of an offence under Section 493 IPC is, therefore, practice of deception by a man on a woman as consequence of which the woman is led to believe that she is lawfully married to him although she is not and then make her cohabit with him.

To constitute an offence under Section 493 IPC, the allegations in the FIR must demonstrate that appellant had practiced deception on the daughter of the complainant causing a false belief of the existence of lawful marriage and which led to cohabit with him. If the essential ingredient to constitute an offence under Section 493 IPC is missing from the allegation made in FIR, an offence under the said Section can not be said to made out against the appellant, observed the court in the case of Arun Singh & ors vs. State of U.P..,Crl. A.No.250 of 2020 (SC) dated, February 10, 2020. 

Hope this helps.

Regards,

Esheta Lunkad