- (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: Deceit, deceptio, fraus, dolus, is a subtle, wily shift or device, having no other name; hereto may be drawn all manner of craft, subtilly, guile, fraud, wilinesse, slight, cunning, covin, collusion, practice, and offence used to deceive another man by any means, which hath none other proper or particular name but offence.;