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tejas lal (teacher)     24 February 2012

Ipc 494,493

Dear Experts,

Kindly,explain me regarding IPC 494,493.

Where can it be applied?i.e First in Court or Police Station?

What is the role of Police?



Learning

 12 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 February 2012

Mr.Lal

494 deals with the offence of bigamy. Getting married again during the subsistence of earlier marriage. Since it's of somewhat private nature. This is a non cognizable offence which means that the police would not register the FIR - they would note your information in a NCR diary and forward you to concerned magistrate. Note : they cannot investigate without order of the magistrate. Cognizance of such case can only be taken by magistrate on the complaint of person aggreieved (i.e the other spouse, her relatives, or even the person with whom second marriage done). The judge would examine teh complainant on oath - and then call upon the accused if he finds merit. 

tejas lal (teacher)     25 February 2012

Dear Experts,

If husband and second wife living at some place,first wife file complaint in police station that they are living here.

Then what is the role of police?

rajiv_lodha (zz)     25 February 2012

I also require answer to the same!

Moreover..........consider she BRIBES THE COPS on her complaint too. What the cops can do to the maximum to harm such guy, considering no "actual" marriage has happened?

Shantanu Wavhal (Worker)     25 February 2012

If husband and second wife living at some place,first wife file complaint in police station that they are living here.

 

wife can ask for relief against this cruelty (498a), adultry (497) & bigamy (494).

deepal (EA)     26 February 2012

what if the husband is married and is staying with the person he has done second marriage with and wishes to take divorce with the first wife on mutual consent. is it possible does the Indian court agree to it,

What if the second wife annuliase the marraige and get it null and void.

still the man will be charged for bigamy?  

Shantanu Wavhal (Worker)     26 February 2012

still the man will be charged for bigamy? 

 

Yes

deepal (EA)     26 February 2012

What is the sentence ?? Jail can in this the man never get divorced at all.

Shantanu Wavhal (Worker)     26 February 2012

 

https://www.vakilno1.com/bareacts/indianpenalcode/S494.htm

 

 

 

Indian Penal Code (IPC)

 

Section 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 to seven years, and shall also be liable to fine.

 

Exception.—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.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

 

State Amendment

 

Andhra Pradesh

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

 

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

tejas lal (teacher)     26 February 2012

Dear All,

My question is to you that if First wife file police complint against her husband & second wife,police caught them with red hand,can they tell to police that we are in live-in-relationship....

We have not married....Is live-in-relationship valid in India?

Shantanu Wavhal (Worker)     26 February 2012

 

https://www.vakilno1.com/bareacts/indianpenalcode/S497.htm

 

 

Indian Penal Code (IPC)

 

Section 497. Adultery

 

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 5 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-com­poundable.

 

STATE AMENDMENT

 

Andhra Pradesh

 

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.

 

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

tejas lal (teacher)     27 February 2012

Dear All, Who will be the respondent if first wife files under IPC 494,495,497?

rajiv_lodha (zz)     27 February 2012

The husband


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