X, a married woman of 40 years old with her own free will leaves her husband's house and began to live…
Keeping a married woman with intent to have illicit intercourse amounts to detaining her under s.498 IPC even if she left her husband willingly, as held in Alamgir v State…
Choose your answer
X, a married woman of 40 years old with her own free will leaves her husband's house and began to live with her paramour Y as husband and wife. The husband of the wife files a criminal case against Y. Point out the correct answer
Answer and explanation
Correct answer A
Keeping a married woman with intent to have illicit intercourse amounts to detaining her under s.498 IPC even if she left her husband willingly, as held in Alamgir v State of Bihar, so "Y is liable for keeping the woman as wife". Her free will and the absence of kidnapping or abduction are therefore no defence; the provision continues as s.84 BNS.
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