Bigamy, as defined in Section 494 of the Indian Penal Code (IPC), is the act of marrying someone while still being legally married to another person. It is a criminal offense in India and is punishable by imprisonment and/or fines.
Bigamy is considered a serious offense in India because it undermines the institution of marriage. Marriage is a sacred bond between two individuals and is meant to be a lifelong commitment. By entering into a second marriage while still being legally married to someone else, a person is not only breaking their commitment to their first spouse, but also potentially causing emotional and financial harm to both spouses and any children involved.
There are several requirements that must be met for an act of bigamy to be punishable under Section 494 of the IPC. The first requirement is that the accused must have a spouse living at the time of the second marriage. If the first spouse is deceased or the marriage has been legally dissolved, then the act of marrying someone else is not considered bigamy.
The second requirement is that the accused must have the intent to marry someone else while still being legally married. This means that the accused must have the intention to enter into a valid marriage with the second person, and not just cohabit or enter into a relationship without the intention of marriage.
Finally, the act of bigamy must be proven to have taken place. This may involve presenting evidence such as marriage certificates, witness testimony, and other relevant documents to establish that the accused was indeed married to two people at the same time.
In cases where bigamy is proven, the punishment can vary depending on the circumstances of the case. In general, the punishment for bigamy is imprisonment for up to seven years and/or a fine. However, the courts may also consider factors such as the number of times the accused committed bigamy, the duration of the second marriage, and the impact on the spouse and any children involved in determining the punishment.
In conclusion, bigamy is a criminal offense in India and is punishable by imprisonment and/or fines. It is considered a serious offense because it undermines the institution of marriage and can cause emotional and financial harm to the spouse and any children involved. If you are facing charges of bigamy, it is important to seek legal counsel to understand your options and protect your rights.
Section 494 of Indian Penal Code, 1860
The contents are intended, but not guaranteed, to be correct, complete, or up to date. A second marriage performed before the Hidnu Marriage Act, 1955 came into existence does not attract penalty under section 494 of the Code. According to her, the petitioner who is Sub-Inspector of Police, cheated her and her parents by stating that his first wife had died after delivering two children who are studying and staying in a hostel, even though his first wife by name Sharda is very much alive and living with him at Avanthinagar near Erragadda and thus by making false and fraudulent representation, the appellant married with her at Yadagirigutta on 09. The Supreme Court rejected the application saying that no person can be compelled to give sample of blood for analysis against his or her will and no adverse inference can be drawn against him or her for this refusal. Thus, a Hindu wife who embraced Islam since her marriage but her husband did not do so even though three menstrual periods had been over since the conversion, was not entitled to a declaration that the marriage stood dissolved under the Mohammedan law. The Holy Quran governs all Muslims and the same states that a Muslim male may marry up to four women at the same time however he must be able to maintain and take care of them. Sub- Clause 2 of the said Article provides that notwithstanding anything in Clause 3 , Parliament and subject to Clause 1 , the legislature of any State also have power to make laws with respect to any of the matters enumerated in List 3 in the Seventh Schedule, whereas, Clause 3 of Article 246 amongst other things provides that subject to Clauses 1 and 2 , the legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List 2 in the Seventh Schedule.
Law Web: Whether complaint for offence of bigamy u/s 494 of IPC can be filed by second wife?
This element can be well understood through the case of Satya Devi v. Proceedings under section 494 do not abate necessarily with the death of the complainant and the court in its wisdom is free to allow continuation of the proceedings by another person. My landlord requested me to vacant that particular society due to her regular cruelty on me and on my mother. The relationship arising from the same does not have any validity and it does not have any effect on the first marriage. State it was alleged that the accused went through a second marriage according to the Arya Samaj custom for which three and a half rounds of sacred fire are enough to complete a marriage. Hence, the validity of the marriage cannot be a ground for refusal of maintenance if other requirements of Section 125 Cr. The texts from Manusmriti, which is one of the primary sources of the As time passed by, the personal laws of various religions were being given primary importance which in turn had several provisions that declared bigamy an offence.
Attending a second marriage will not amount to abetment of the same as there is no instigation or preparatory act present on the part of the attendees during the happening of such second marriage. In case the prior marriage is not valid in the eyes of the law then marrying again will not be labelled as bigamy. State of Bihar and Ors. Therefore, it was proved that the appellant had committed the offence of bigamy as he contracted his 2nd marriage while his 1st marriage was still subsisting. Validity of subsequent marriage It is understood from the first element that the prior marriage must be a lawful one, however, the second essential element is that the subsequent marriage in question must also be a lawfully valid one.
Is it possible that court can grant divorce with retrospective effect. Balakrishnan Facts -The appellant, S. If an individual marries a second time during the subsistence of his first marriage, the children born out of such wedlock will still be legitimate. A request for declaring the subsequent marriage void can be recorded by the parties of such subsequent marriage and not the first partner. Such reasoning is quite contrary to the law declared by this Court in After examining the scope of Section 498A of the Indian Penal Code and holding that a person who enters into marital arrangement cannot be allowed to take shelter behind the smoke screen of contention that since there was no valid marriage the question of dowry does not arise, this Court speaking through Hon'ble Mr.
It shall not be applied if the person wasn't living and having no information for seven years. And it should apply equally to every citizens irrespective of religion. The rule of marriage however was always based on the concept of monogamy since the period of Manusmriti but with the exception of polygamous marriages. It is important to have stringent laws to prevent and penalize the offence of bigamy thus the presence of the Indian Penal Code, 1860 is essential to prohibit people from using the conversion of religion as a license to commit the offence of bigamy. It is punishable with imprisonment upto seven years of imprisonment or fine or both. The second marriage of a Hindu husband after his conversion to Islam would, therefore, be in violation of the Act and as void in terms of section 494.
Any act which is in violation of the mandatory provisions of the law is perse void, and the apostate husband would be guilty of the offence under section 494 of the Code as all the four ingredients of this section are satisfied in the case. The record shows that earlier Criminal Petition No. In that light, it was argued that keeping bigamy as a crime is not only antiquated but also arbitrary and illegal. Requisites of bigamy under Section 494 of I. Such reasoning is quite contrary to the law declared by this Court in Reema Aggarwal Vs. The case of the respondent no.
Punishment under Section 494 IPC for bigamy is applicable on all citizens whether they are Hindu/ Muslim/Christian
The said provision states that any person who already has a wife or husband living, further proceeds to marry another person while being lawfully wedded to such wife or husband shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Procedure to file a complaint against bigamy The aggrieved person can record a case of bigamy either in the police station or at the court. Read More In Criminal Law I files the case under section 494 against wife we got married in dec 2019 but after marriage i found that the marriage was fake and she is already married with two persons without talking divorce. The main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage. The wording is crystal clear.
Section 494 IPC : essential elements and case laws
As a result, it is classified as a strict responsibility offence. She gave birth to a child. State of Punjab, Who can file complaint? The first wife moved an application requesting the court to direct the husband, second wife and child to undergo blood test. The Calcutta High Court reviewed all earlier case law and decided that the rule of Mohammedan law that if one of the parties to the marriage adopted Muslim faith in a foreign country the marriage would automatically stand dissolved if the other spouse did not adopt the same faith before the completion of three menstrual periods did not apply to non-Muslims of a country whose State religion was not Islam like India. Therefore, the individual who converts to another religion and attempts to or marries again during the subsistence of their first marriage will be held liable for bigamy. A Mohammedan marriage came to an end immediately after either of the parties renounced Islam.