Offence of Enticement

The offence of enticing a married woman under Section 389 of the Penal Code can be established if the following ingredients are proved beyond reasonable doubt by the prosecution. The ingredients are:-
(a) That the woman is a married woman.
(b) That the accused knew or had reasons to believe that she was/is the wife of another man.
(c) That she was at the time of the offence living under the care of her husband or someone else on his behalf.
(d) That the accused
(i) took or (ii) enticed her away from her husband or that other person (iii) concealed or (iv) detained her;
(e) That the intention in doing so was that she might have illicit intercourse with him or with some one.
The prosecution, in order to obtain conviction, must prove all the ingredients mentioned above.

The appellant was charged under Section 389 of the Penal Code. It reads:
"389. 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 man 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 for a term which may extend to two years or with fine or with both.
To succeed the prosecution must prove beyond reasonable doubt that:
(a) the woman was married,
(b) the accused knew or had reason to believe that she was the wife of another man.
(c) she was at the time of the offence living under the care of her husband or someone else on his behalf.

As rightly enumerated by the lower Court in its judgment at page 123 of the record of proceedings, there are four ingredients contained in the offence for which the appellant was convicted as follows:-
1 That the person enticed or taken away is a married woman;
2. That the accused knew or had reason to believe that the woman was the wife of another, under the care of her husband or of any other person.
3. That the married woman is enticed or taken away from her husband or any person while in the care of her husband or any other person;
4. That it is with the intent that she may have illicit intercourse with any person or
a. be concealed.
b. detained with the same intent.