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Differences and co-relation between section 363, 366 and 498 IPC, 1860.

A comparison of the ingredients constituting offence under section 366 and 498 shows that though there are some ingredients which are common,but the ingredients for the offence under section 498 constitute of some of the very important particulars which are not in an offence under section 366 IPC, 1860. The additional ingredients of section 498 IPC namely (i) that the woman said to have been taken away is tha married wife of another man, and (ii) that the accused has taken her away with knowledge that she is the wife of that person are not at all in the offence under section 366 IPC, 1860. Therefore, the offences under section 498 cannnot be said to a minor offence or an offence under  section 366 within the meaning of the term used in section 222 (2) of the CrPC, 1973. To constitute an offence under section 363 and 366, it is not incumbent upon the prosecution to prove that the person kidnapped or abducted was married. The question of marriage would have been material in case the accused had been prosecuted under section 497 or section 498 IPC by a person in his capacity as a husband of the girl. For an offence under section 366 there must be kidnapping or abduction as defined by the code; while under section 498 there need be no compulsion or deceit, but the woman must be married woman. Mere elopement with an adult unmarried woman is no offence. under section 366 the intention of the person kidnapping or abducting is to compel the woman afterwards to marry any person against her will, or to force or seduce her afterward to illicit intercourse. Section 498 applies to case where the object of the taking, or enticing is that the woman may have illicit intercourse with some other person, even though, as generally happens, she is quite aware of the purpose for which she is quitting her husband, and is an assenting party to it. [Satya Narain Bhagat v. State of Bihar, 1985 CrLJ 747 (Pat)]

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