Bigamy- its punishment?

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We think today you are in good research mood to dissect which is better option Bigamy an or Live-in hai na J  


Well S. 494. 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 descripttion for a term which may extend in seven years, and shall also be liable to fine.

Explanation. - This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction.

Nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge."


S. 494, I.P.C. was placed on the statute book for purpose of punishing a spouse who violates the sanctity of a marriage contract by attempting to fraudulently substitute it by another to the prejudice of the aggrieved spouse. In applying this Section, a Court will, therefore, have to adopt an approach of practicability in so far as evidence, direct, oral or circumstantial which can prove the charge will have to be good enough, and this does mean only evidence of the actual solemnisation of the marriage in keeping with religious rites and ceremonies. Neither the Supreme Court nor the High Courts had circumscribed the mode of proof in these cases. There are catena of case re. in this regard and can come on board once a real factual case is placed here inthe forum for further discussion is our larger societal interest view.


Your above Bigamy que. though is quite good in-theory but what is the degree and nature of proof that is required for purposes of establishing an offence under S. 494 of the Indian Penal Code is to be seen from case to case and not from hypothetical questions such as these; and more importantly, is it obligatory that the complainant must as of necessity prove that all necessary rites and ceremonies have been complied with in respect of the alleged second marriage? Conversely, whether a conviction for bigamy is sustainable if there is other reliable evidence to establish the charge shall also to be seen?

@ Author

We think today you are in good research mood to dissect which is better option Bigamy an or Live-in hai na J   -  Hahaha

Jaago grahak Jaago!