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Attempt to commit begamy

Page no : 2

R Muralidharan (Accounts Consultant)     09 September 2008

Sir


Your continued effort ha sbrought me to the finality to the issues and Mr. Rajesh has given me the idea how the defence will go about it.


I am in 100% agreement with you for not involving the criminal machinery in to the family matters


There has been persistent efforts from the girl's side to sort out the issues amicably of course without any result.


If I am allowed to trouble you further, if your goodselves can give me your email id I can provide you the detailed write up on the plight of the girl with you permission


Thanks again

Rohit Krishan Naagpal (Advocate)     17 September 2008

Just to add Sec 494 is a non cognizable offence so Police will not interfere in the matter

A Bharati (Self)     21 September 2015

Pl read this judgement .

https://indiankanoon.org/doc/1102806/

The relevant extarct is as under:-

25. The conclusion, to our mind, is, therefore, inescapable that the offence of bigamy by Parsi or a Hindu is an offence created by and under Section 5 of the Parsi Marriage & Divorce Act or Section 17 of the Hindu Marriage Act, as the case may be, and is also punishable only under either of those Sections and not under Sections 494 and 495 of the Penal Code, though the latter Sections have stood engrafted and incorporated in the former Sections as inseparable adjuncts. Section 511 of the Penal Code providing for punishment for attempt to commit an offence can apply, as its express terms manifest, only to an attempt to commit an offence "punishable by this Code", i.e. the Penal Code. As Section 511 of the Penal Code cannot apply to any offence created by and punishable under any Special Law, such Special Law usually provides specifically for the offence of attempt to commit such offence, whenever the concerned Legislature intends to punish such attempt, e.g., Section 78 of the Essential Commodities Act, 1955.
26. We, therefore, hold that though, in our view, the accused, alleged to be the husband to the
second marriage, clearly attempted to commit bigamy, he can neither be convicted nor punished in the absence of an enabling penal provision in the Hindu Marriage Act to that effect.
27. We, accordingly, allow the revision, but we do so with some amount of reluctance because
though we are satisfied that the accused committed or at least attempted to commit a grave social offence, the same is going beyond the reach of our law, notwithstanding its proverbial long arms, as it is not made punishable under any law for the time being in force. We, therefore, set aside the Subir Kumar Kundu Alias Sambhu vs State Of West Bengal on 19 December, 1990
order of conviction and the sentence imposed by the trial Court and affirmed by the appellate Court and acquit the accused persons, who shall stand discharged from their bail-bonds. Records, with a copy of our judgment to go down to the trial Court at once.
Ajoy Nath Ray, J.
28. I agree.

A Bharati (Self)     21 September 2015

Can any one throw more light on this issue. Any latest ruling on attempt to commit bigamy.


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