is a temple marriage certificate can be a proof for second m

is a temple marriage certificate can be a proof for second marriage and can it be registered under 494 IPC,

----    if the certificate given by a hindu prist who declears that he presided the solemnization of marriage as per the hindu rituals and ready to witness the same, then it will attract the sec 494, ipc.

Sir,

i gave a report in policestation on 498a, 3&4 dp act,and mentioned in the fir about the second marriage, the police in there investigation bought the second marriage certificate and the priest evidence recorded by the police, but the police in there charge sheet filed on 498a, 3&4dp act but not 494

yes they do the right thing.

police can file complain against the ipc sec 498a, 3&4dp act but not 494.

according to crpc, police can not file a case against 494, concerned wife has the right to file.
 

@ Ld. Arup

May I with permission make a small correction in your last post and I add police can take cognizance of the S. 494 IPC very well ;
Reasoning:

Refer to Section 155 - “155. Information as to non- cognizable cases and investigation of such cases.

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book tobe kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the information to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non cognizable.”

Sub-section (4) of this Section clearly provides that where the case relates to two offences of which one is cognizable, the case shall be deemed to be a cognizable case notwithstanding that the other offence or offences are non-cognizable.

Sub-section (4) creates a legal fiction and provides that although a case may comprise of several offences of which some are cognizable and others are not, it would not be open to the police to investigate the cognizable offences only and omit the non-cognizable offences. Since the whole case (comprising of cognizable and non-cognizable offences) is to be treated a cognizable, the police had no option but to investigate the whole of the case and to submit a charge- sheet in respect of all the offences, cognizable or non- cognizable both, provided it is found by the police during investigation that the offences appear, prima facie, to have been committed.

Sub-section (4) of Section 155 is a new provision introduced for the first time in the Code in 1973. This was done to overcome the controversy about investigation of non- cognizable offences by the police without the leave of the Magistrate. The statutory provision is specific, precise and clear and there is no ambiguity in the language employed in sub-section (4). It is apparent that if the facts reported to the police disclose both cognizable and non-cognizable offences, the police would be acting within the scope of its authority in investigating both the offences as the legal fiction enacted in Sub-section (4) provides that even non- cognizable.

Re.: Preveen Chandra Mody vs. State of M.P. AIR 1965 SC 1185 has held that while investigating a cognizable offences and presenting a charge-sheet for it, the police are not debarred from investigation any non- cognizable offence arising out of the same facts and including them in the charge-sheet.


Hope I stand clarified !

Then sir,

when will this 494 IPC be filed, in my complaint i clearly told about the second marriage of my hus and the police got the marriage certificate and the priest evidence also and i want to know why there was no 494 in my case in the charge sheet, or is this evidence not eough or wat for 494ipc

firstly collect the police investigation report in regard to second marriage.

if necessary do rti.

then alongwith report file a case in dist court or where 498a going on.

if police already submitted a report, at 498a court, then you may get it as certified copy from the concerned copying section of the court.

thereafter, alongwith these certified copies file a case under sec 494 at the court.

thereafter your case will run smoothly.

mr taj,

perhaps you are right.

but it is general practice that, police will not interfere into matrimonial matters, untill there is a court order.

that's why, 498a is an exception.

Sir, can u please clarify that will a temple marriage certificate can be a proof for second marriage  along wiith the priest evidence, or is it compulsory that photos and sevensteps, saptapadi should also proved

sir, rti means

witness required, photo or some other evidences will better.

if it is not available, then also file the case.

rti means, right to information. it is your right to get the information.