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 IPC : essential elements and case laws
A strict and narrow interpretation of the section means the second, third ,fourth marriage, all automatically become void by reason of their taking place during the life such spouse s. The observation was made in light of the facts of the present Case in which the Appellant-wife and her husband, who is the second respondent, were both parties to the ruling of the Family Court. Sivagami, Compoundable Offence The offence is compoundable with the consent of the wife and permission of the court, Parameswari v. State of Punjab, Who can file complaint? A second marriage performed before the Hidnu Marriage Act, 1955 came into existence does not attract penalty under section 494 of the Code. After four months she got pregnant and her husband started dowry demand and physical mental cruelty. The conclusion arrived at by the High Court is such as to shake the conscience and sense of justice and therefore it is the duty of this Court to strike down the finding recorded with respect to the offence punishable under Section 498A, irrespective of technicalities. However, if cohabitation occurs after a formal arrangement, such as marriage, it is illegal.
IPC 494 (Bigamy)
The main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage. It cannot be confined within the bounds of a rigid, exact and comprehensive definition. Secondly, it does not apply to a person who marries when the husband or the wife, as the case may be, is alive but has been continually absent from such person for at least seven years and has not been heard of by him as being alive during that time. Naturally, in the event of the previous marriage being illegal and thus non-existent, contracting another marriage would not bring the accused within the purview of this section. The case of the respondent no.
IPC Section 494
Both the marriage of the accused is valid and performed all the rituals and ceremonies as mentioned in Hindu marriage act. Therefore, merely because the second marriage even if performed by performing all the essential ceremonies turns out to be void by virtue of section 17 of the Hindu Marriage Act, 1955, it cannot be said that the accused would not be guilty under section 494 of the Code. Marrying again during lifetime of husband or wife —Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Aggrieved by the order of the High Court of Andhra Pradesh, the appellant appealed before the Supreme Court. It is not a matter of long past that in India, hypergamy brought forth wholesale polygamy and along with it misery, plight and ignominy to woman having no parallel in the world. 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. Nagalingam married respondent Sivagami on 6th September 1970.
Supreme Court: Complaint under Section 494/495 IPC can be Quashed on Family Court's findings of Previous Marriage
The accused had married the complainant. Is it possible that court can grant divorce with retrospective effect. Read More In Divorce Law My wife who is also a practicing advocate and by taking such advantage she already filed 498-A, 125 Cr. The mere subsistence of a prior lawful marriage itself declares the subsequent marriage void because it confirms the existence of a living wife or husband of such individual. Union of India 1963 , the court held that the second marriage is no offence if the first marriage is not subsisting. Marriage, as a tradition, is complicated enough, especially in our country where this age-old tradition signifies more than just the union of two individuals in love, rather it dwells on the concept of forming and accepting a new family that starts with this holy union.
