सं Samvidhan

Indian Penal Code, 1860

Section 498

repealed

Enticing or taking away or detaining with criminal intent a married woman

Why this exists

This provision was designed to protect the marital relationship by punishing third parties who lure, hide, or detain a married woman away from her husband with the intention of facilitating an illicit sexual relationship. Like the now-struck-down adultery provision, it reflects an older view of marriage where a husband's control over his wife's movements and associations was treated as a legal interest worth protecting, and it has been criticised on similar grounds for treating women as objects of ownership rather than as autonomous individuals.

Common misconceptions
  • Myth: This section punishes the married woman herself for leaving her husband.
    Fact: The section punishes the person who entices, takes away, conceals, or detains the woman with the specified intent; it does not criminalise the woman's own decision to leave.