AI Overview...
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Bigamy under Section 494 IPC - The section criminalizes marrying again during the lifetime of a spouse. To establish bigamy, the second marriage must be valid; otherwise, it does not constitute an offence. Strict proof of the first marriage is required to convict under Section 494. Courts have emphasized that no customary or traditional practices, such as those of the Chakma community, can override the statutory prohibition on bigamy Swapan Chakma VS State of Tripura - Tripura, MANJULA NAYAK VS RAMA CHANDRA NAYAK - Orissa, SHARDABEN PANKAJKUMAR VYAS VS PANKAJKUMAR SURESHCHANDRA VYAS - Gujarat.
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Tribal and customary practices - Some communities, like the Chakma, have customary marital practices that may involve traditional forms of marriage. However, courts have clarified that such customary practices do not exempt individuals from criminal liability under Section 494 IPC when a second marriage is involved, provided the second marriage is valid under law Swapan Chakma VS State of Tripura - Tripura.
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Legal requirements for proving bigamy - The law demands strict proof of the first marriage's validity, including proper documentation and adherence to legal formalities. Without such proof, charges of bigamy cannot be sustained. Moreover, a second marriage that is not legally valid does not constitute bigamy MANJULA NAYAK VS RAMA CHANDRA NAYAK - Orissa, SHARDABEN PANKAJKUMAR VYAS VS PANKAJKUMAR SURESHCHANDRA VYAS - Gujarat.
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Jurisdiction and procedural aspects - Cases involving bigamy are tried under the Indian Penal Code in appropriate courts, and investigations must adhere to procedural requirements. Non-cognizable cases require special procedures; police reports alone do not suffice as evidence to prove a marriage Krishnakanta Nag VS State of Tripura - Gauhati.
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Impact of religious and personal laws - Personal laws, such as the Hindu Marriage Act or Muslim Personal Law, influence the interpretation of bigamy. For instance, Hindu law recognizes monogamy, and second marriages can lead to criminal liability under Section 494 IPC. Similarly, Muslim personal law permits polygamy, which affects the applicability of Section 494 Bodibala Krishna Ramaraju VS Bodi Thirupathamma alias Thirumaladevi (A-1) - Madras, Shayara Bano VS Union of India - Supreme Court.
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Conclusion - Under Section 494 IPC, bigamy is punishable if the second marriage is valid and entered into during the lifetime of the first spouse. Customary practices or religious laws do not exempt individuals from criminal liability when the legal criteria are met. Strict proof of marriage validity is essential, and courts consistently uphold the prohibition against bigamy despite customary or community practices Swapan Chakma VS State of Tripura - Tripura, MANJULA NAYAK VS RAMA CHANDRA NAYAK - Orissa, SHARDABEN PANKAJKUMAR VYAS VS PANKAJKUMAR SURESHCHANDRA VYAS - Gujarat.
Search Results for "Tribal Customary Practices of Bigamy Punishable under Section 494 Ipc 1860"
2022 0 Supreme(Tri) 136 • India - Tripura
T. AMARNATH GOUD
framing charges for bigamy - Customary marital practices for the Chakma community discussed - Court rules that no provision permits ... (A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 498A and 494 - Petition to quash order directing ... under Sections 494 and 495 of IPC. ... No document seems to be submitted by the petitioner to show that they can claim libe....
2016 0 Supreme(Guj) 823 • India - Gujarat
J.B.PARDIWALA
(A) Indian Penal Code, 1860 – Sections 498A, 323, 504, 506(2), 494, 406, 420 read with Section 114 – Dowry Prohibition Act, 1961 ... ... (B) Indian Penal Code, 1860 – Sections 498A, 323, 504, 506(2), 494 ... 498A of IPC---Court at Bhavnagar has jurisdiction to try the offence under Section 498A and other offences of IPC. ... Hakim, the offence of bigamy #HL_STA....
1994 0 Supreme(Ori) 347 • India - Orissa
R.K.PATRA
BIGAMY - SECTION 494 IPC, SECTION 17 HINDU MARRIAGE ACT - SUMMARY OF THE ACTS AND SECTIONS REFERENCED AND DISCUSSED BY THE COURT ... The court interpreted Section 17 of the Hindu Marriage Act, 1955, and Section 494 of the Indian Penal Code, 1860, and held that for ... bigamy to be established, the second marriage must be valid. ... . - On the basis of the complaint filed by the a....
2014 0 Supreme(Chh) 320 • India - Chhattisgarh
SANJAY K.AGRAWAL
Indian Penal Code, 1860 - Section 494 - Simple imprisonment – Jurisdiction - First Information Report - ... 494, IPC. revision is allowed conviction recorded and sentence awarded to applicant for offence under Section 494, IPC are hereby ... shall not be an evidence to prove a marriage in a proceeding under Section 494, IPC. ... Therefore, there is no legal evidence on record tha....
1973 0 Supreme(Mad) 173 • India - Madras
A.D.V.REDDY
Indian Penal Code, 1860-Sections 109 and 494-Complaint against wife by husband for bigamy for arranging second marries by wife during ... existence of a valid marriage-Held, whether liable for bigamy. ... Though section 494, Indian Penal Code, making bigamy an offence has been in the statute book, i.e., Indian Penal Code since 1860, bigamous or polygomous marriages amongst Hindus....
2012 0 Supreme(Gau) 376 • India - Gauhati
PRASANTA KUMAR SAIKIA
Indian Penal Code - Section 494 – Criminal Procedure Code - Section 2 – Jurisdiction - Acquitting - Demanding ... IPC which was a non cognizable one and as such due to embargo imposed by Section 155 Police was not authorized to investigate same ... it does not include a police report report under Section 173(2) - No doubt in explanation to Section 2(d) a report by police officer ... (4) may make a complaint on his behalf; ... (c) Where the person agg....
1995 0 Supreme(Guj) 62 • India - Gujarat
J.N.BHATT
Breach of provisions of Sec. 494 is made punishable -in criminal prosecution. ... ... Section 494 prohibits marrying again during life time -of husband ... -Sec. 494-Bigamy-Criminal -Procedure Code, 1973-Sec. 125-Claim for maintenance-Factum -of marriage-Proof -Degree-Strict proof of ... The strict proof of marriage is required in order to find a person guilty for bigamy - Second marriage under Sec. 494 of the Indian Penal Code or ....
1977 0 Supreme(Mad) 33 • India - Madras
S.RATNAVEL PANDIAN
Indian Penal Code, 1860-Sections 494 and 109-Hindu Marriage Act, 1955-Section 17-Solemnization of marriage between Christian and ... conversion husband contracting second marriage with Hindu woman as per Hindu rites-Christian wife filing complaint for offence bigamy-Held ... The appellant herein has filed a private complaint against seven persons including respondents Nos. 1 to 4 herein stating that they had committed the offence punishable under section#HL_....
1988 0 Supreme(AP) 405 • India - Andhra Pradesh
G.RADHA KRISHNA RAO
HINDU MARRIAGE ACT, Section 13 (1) (ii) and 17 - INDIAN PENAL CODE, Section 494 - Hindu married another Hindu according to Muslim ... 494 Indian Penal Code. ... 494 Indian Penal Code. ... With regard to a recent event, i. e. a second marriage which is an offence punishable under Section 494 of the Indian Penal Code, strict proof is required and the same principle has been laid do....
2017 5 Supreme 577 • India - Supreme Court
JAGDISH SINGH KHEHAR, KURIAN JOSEPH, ROHINTON FALI NARIMAN, UDAY UMESH LALIT, S. ABDUL NAZEER
... (A) Muslim Personal Law (Shariat) Application Act, 1937 – Section ... declared to be impermissible – Whole purpose of 1937 Act was to declare Shariat as rule of decision and to discontinue anti-Shariat practices ... Nawab Hyder Ali of Mysore made cow slaughter an offence punishable with the cutting of the hands of the offenders. ... ... (2) Whoever contravenes the provision of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which m....
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