Yashwant Jain 21 February 2020

IPC Sections seem same. What is the difference?

What is the difference between IPC S. 493 and S.375(4)?
When I read them, they seem the same, hence this query struck my mind! Are these two approximately the same? Can they be used interchangeably?

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Quick Summary

This discussion clarifies the distinction between IPC Section 493 and Section 375(4). While both involve deceit and sexual intercourse, Section 493 specifically addresses a man causing a woman to believe she is lawfully married to him, leading to cohabitation. Section 375(4) focuses on a man having intercourse with a woman who consents based on the belief that he is her lawful husband, but deceit is not explicitly mentioned as the sole cause of consent in this sub-clause.

5 Replies

Joy Bose 21 February 2020

Hello,
According to IPC section 493 involves "deceit" but in section 375, the fourth point, deceit is missing. The woman thinks the husband as her husband but in section 493, the man makes her believe that she is her wife.

Regards,
Joy Bose

P. Venu (Advocate) 21 February 2020

What are the facts, if any?

Akshay (Advocate) 21 February 2020

Thank you for your question

sec 375(4)IPC-When Man with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

secs 493 IPC-Cohabitation caused by a man Deceitfully inducing a belief of lawfully marriage.

Every man who by deceit (the action or practice of deceiving someone by concealing or misrepresenting the truth)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 beleif, shall be punished with imprisonment of either decription for a term which may extend to 10 years and shall also be liable to fine.

Hope this will help you

Best regards,

Akshay Gupta

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