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Chapter X

Offences Relating to Marriage and Defamation

10.1 Offence relating to marriage

Sections 493 to 498 are provided for offences relating to marriage.

According to Section 493, 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 sexual intercourse with him in that

belief, shall be punished with imprisonment of either description for a term

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which may extend to ten years, and shall also be liable to fine.

Moreover, whoever, having a husband or wife living marries in any

case in which such marriage is void by reason of its taking place during the

life of such husband or wife, shall be punished with imprisonment of either

description for a term which may extend to seven years, and shall also be
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liable to fine.

1
Section 493 of Penal Code.
2
Section 494 of Penal Code.
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This Section does not extend to any person whose marriage with

such husband or wife has been declared void by a court of competent

jurisdiction nor to any person who contracts a marriage during the life of a

former husband or wife, if such husband or wife, at the time of the

subsequent marriage, shall have been continually absent from such person

for the space of seven years, and shall not have been heard of by such

person as being alive within that time, provided the person contracting

such subsequent marriage shall, before such marriage takes place, inform

the person with whom such marriage is contracted of the real state of facts

so far as the same are within his or her knowledge.

Section 495 prescribes that whoever commits the offence defined in

the last preceding section, having concealed from the person with whom

the subsequent marriage is contracted the fact of the former marriage, shall
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be punished with imprisonment of either description for a term which may

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extend to ten years, and shall also liable to fine.

The offence under this Section is an aggravated form of the offence

defined in Section 494.

Whoever takes or entices away any woman who is and whom he

knows or has reason to believe to be the wife of any other man, from that

men, or from any person having the care of her on behalf of that man, with

intent that she may have illicit intercourse with any person, or conceals or

detains with that intent any such woman, shall be punished with

imprisonment of either description for a term which may extend to two

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years, or with fine, or with both.

1
Section 495 of Penal Code
2
Section 498 of Penal Code.
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10.2 Adultery

Whoever has sexual intercourse with a person who is and whom he

knows or has reason to believe to be the wife of another man, without the

consent or connivance of that man, such sexual intercourse not amounting

to the offence of rape, is guilty of the offence of adultery, and shall be

punished with imprisonment of either description for a term which may

extend to five years, or with, fine or with both. In such case the wife shall
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not be punished as an abettor.

2
Section 497 of Penal Code.
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[Link] V. The Union of Myanmar

In criminal cases where marriage in an ingredient in the offence, the

fact of marriage must be strictly proved in the regular way, i.e. as an event

which took place and not merely as a state in which the parties were living.

The parties might have lived as husband and wife but their conduct alone

is not sufficient to prove marriage under S. 50 of the Evidence Act.

10.3 Defamation

Whoever by words either spoken or intended to be read, or by signs

or by visible representations, makes or publishes any imputation

concerning any person, intending to harm, or knowing or having reason to

believe that such imputation will harm, the reputation of such person, is
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said, except, in the cases hereinafter excepted, to defame that person.

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Section 499 of Penal Code.
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Explanation 1

It may amount to defamation to impute anything to a deceased

person, if the imputation would harm the reputation of that person if living,

and is intended to be hurtful to the feelings of his family or other near

relatives.

Explanation 2

It may amount to defamation to make an imputation concerning, a

company or an association or collection of persons as such.

Explanation 3

An imputation in the form of an alternative or expressed ironically,

may amount to defamation.

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Explanation 4

No imputation is said to harm a person’s reputation, unless that

imputation directly or indirectly, in the estimation of others, lowers the

moral or intellectual character of that person, or lowers the character of

that person in respect of his caste or of his calling, or lowers the credit of

that person, or causes it to be believed that the body of that person is in a

loathsome state, or in a state generally considered as disgraceful.

Illustrations

(a) A says- “Z” is an honest man; he never stole B’s watch” intending

to cause it to be believed that Z did steal B’s watch. This is

defamation, unless it falls within one of the exceptions.

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(b) A is asked who stole B's watch. A points to Z, intending to cause it

to be believed that Z stole B's watch. This defamation, unless it fall within

one of the exceptions.

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( )

(c) A draws a picture of Z running away with B's watch intending it to

be believed that Z stole B's watch. This is defamation, unless it falls within

one of the exceptions.

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There are ten exceptions for defamation under Section 499 of Penal

Code.

First exception

It is not defamation to impute anything, which is true concerning

any person, if it be for the public good that the imputation should be made

or published. Whether or not it is for the public good is a question of fact.

Second exception

It is not defamation to express in good faith any opinion whatever

respecting the conduct of a public servant in the discharge of his public

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functions, or respecting his character, so far as his character appears in that

conduct, and further.

Third exception

It is not defamation to express in good faith any opinion whatever

respecting the conduct of any person touching any public question, and

respecting his character, so far as his character appears in that conduct, and

no further.

Illustration

It is not defamation in A to express in good faith any opinion

whatever respecting Z's conduct in petitioning Government on a public

question, in singing a requisition for a meeting on a public question in

presiding or attending at such meeting, informing or joining any society

which invites the public support, in voting or canvassing for a particular

candidate for any situation in the efficient discharge of the duties of which

the public is interested.

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Fourth exception

It is not defamation to publish a substantially true report of the

proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation

A Judge or other officer holding an enquiry in open Court

preliminary to a trial in a Court of Justice is a Court within the meaning of

the above Section.

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Fifth exception

It is not defamation to express in good faith any opinion whatever

respecting the merits of any case, civil or criminal, which has been decided

by a Court of Justice or respecting the conduct of any person as a party,

witness or agent in any such case or respecting the character of such

person, as far as his character appears in that conduct, and no further.

Illustrations

(1)A says - "I think Z's evidence on that trial is so contradictory,

that he must be stupid or dishonest " A is within this exception if

he says this in good faith in as much as the opinion which he

expresses respects Z's character as it appears Z's conduct as a

witness, and no further.

( )
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(2) But if A says "I do not believe what Z asserted at that trial because I

know him to be a man without veracity"; A is not within this exception, in

as much as the opinion which he expresses of Z's character is an opinion

not founded on Z's conduct as a witness.

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Sixth exception

It is not defamation to express in good faith any opinion respecting

the merits of any performance which its author has submitted to the

judgments of the public, or respecting the character of the author so far as

his character appears in such performance and no further.

Explanation

A performance may be submitted to the judgment of the public

expressly or by acts on the part of the author which imply such su bmission

to the judgment of the public.

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Illustrations

(1) A person who publishes a book submits that book to the

judgment of the public.

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(2) A person who makes a speech in public submits that speech to the

judgment of the public.

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(3) An actor or singer who appears on a public stage submits his acting

or singing to the judgment of the public.

( )

(4) A says of a book published by Z-"Z's" book is foolish; Z must be a

weak man. Z's book is indecent; Z must be a man of impure mind". A is

within this exception, if he says this in good faith, in as much as the

opinion which he expresses of Z respects Z's character only so far as it

appears in Z's book, and no further.

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Seventh exception

It is not defamation in a person having over another any authority,

either conferred by law or arising out of a lawful contract made with that

other, to pass in good faith any censure on the conduct of that other in

matters to which such lawful authority relates.

Illustration

A judge censuring in good faith the conduct of a witness, or of an

officer of the court; a head of a department censuring in good faith those

who are under his orders; a parent censuring in good faith a child in the

presence of other children; a schoolmaster, whose authority is derived

from a parent, censuring in good faith a pupil in the presence of other

pupils; a master censuring a servant in good faith for remissness in service;

a banker censuring in good faith the cashier of his bank for the conduct of

such cashier as such cashier are within this exception.

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Eight exception

It is not defamation to prefer in good faith an accusation against any

person to any of those who have lawful authority over that person with

respect to the subject matter of accusation.

Illustration

If A in good faith accuses Z before a Judge; if A in good faith

complains of the conduct of Z, a servant, to Z's master, if A in good faith

complains of the conduct of Z, a child, to Z's father-A is within this

exception.
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Ninth exception

It is not defamation to make an imputation on the character of

another provided that the imputation is made in good faith for the

protection of the interest of the person making if, or of any other person, or

for the public good.

Illustrations

(1) A; a shopkeeper says to B, who manages his business "sell

nothing to Z unless he pays you ready money, for I have no

opinion of his honesty: A is within the exception, if he has made

this imputation on Z in good faith for the protection of his own

interests.

( )

(2) A, a judge, in making a report to his own superior officer, casts an

imputation on the character of Z, Here, if the imputation is made in good

faith, and for the public good, A is within the exception.

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Tenth exception

It is not defamation to convey a caution in good faith, to one person

against another, provided that such caution be intended for the good of the

person to whom it is conveyed, or of some person in whom that person in

interested or for the public good.

10.3.1 Punishment for defamation

Whoever defames another shall be punished with simple

imprisonment for a term which may extend to two years, or with fine, or
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with both.

Whoever prints or engraves any matter, knowing or having good

reason to believe that such matter is defamatory of any person, shall be

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Section 500 of Penal Code.
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punished with simple imprisonment for a term which may extend to two
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years, or with fine, or with both.

Whoever sells or offers for sale printed or engraved substance

containing defamatory matter, knowing that it contains such matter, shall

be punished with simple imprisonment for a term which may extend to

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two years, or with fine, or with both.

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D. N. Lobo. V.J.C. Webster

A husband filed a complaint under S.500, Penal Code as a person

aggrieved by his wife being defamed, Upon an objection being raised that

the wife being an adult and sui Juries should have filed the complaint

personally as she was the only person competent to compound such an

offence. Held: that in the case of a married woman the husband is an

aggrieved person and therefore he can make a complaint under S. 198 of

the Cr. P.C.

2
Section 501 of Penal Code
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Section 502 of Penal Code
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1952, B.L.R. (HC) 235
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