RAM CHANDRA BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have had the benefit of going through the judgment proposed by my esteemed brother Anil R. Dave, J. I entirely agree with his view, however, I wish to add few lines of my own.

(2.) Section 493 IPC does not need to be reproduced by me as the text of Section 493 has already been quoted in the lead judgment. When a man deceitfully induces a woman to have sexual intercourse with him causing her to believe that she is lawfully married to him, such man commits an offence under Section 493 IPC. The essence of an offence under Section 493 IPC is, therefore, practice of deception by a man on a woman as a 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.

(3.) Strouds Judicial Dictionary [Fifth Edition] explains deceit as follows: