fine combine imprisonmet how.
Querist :
Anonymous
(Querist) 26 June 2011
This query is : Resolved
494. Marrying again during lifetime of husband or wife. --
Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
Query : A convicted has been booked unde both the case as above said but section 494 says the punishment is for 7 years & section 495 says the punishment is for 10 years so for how many years the offender is liable to be punish ? Can any body explain me?
Eg: If any section says that if the offence is punishable for 2 yeas with 10000 Rs. fine & he is also booked under another section which says the offender s liable for the punishment for 20000 Rs. & 10 years imprisonment than which will prevail or how to calculate the time period of the punishment along with the fine?
Thanks for helping in advance.
Guest
(Expert) 27 June 2011
both can be joined together to convict a person. the court has got power to impose the punishment which is suitable for the facts of case. tghe maximum can be imposed. and it is triable by magistrate of first class. so maximum three years can be imposed. But if the magistrate thinks fit it is a case sever punishment to be imposed upon the accused, he can send the case to the chief judicial magistrate fro maximum punishment.
regarding the imprisonment and fine it is governed under Indian penal code and criminal procedure code
