December 8, 2023
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Keyword- bigamy ipc, bigamy in hindu marriage act, bigamy vs polygamy       ,what is bigamy, punishment of bigamy in hindu marriage act, bigamy punishment

In countries where monogamy is expected, bigamy refers to the practice of marrying a different person while one is still legally married to another. Whether the couple separates legally or de facto has no bearing on their status as married people.

what is bigamy?

Couples who are living together in a de facto especially cohabitation relationship, or who join such relationships while legally married, are exempt from the bigamy laws. The couple is no longer married if the first marriage is ruled void for any reason, and neither can get married to someone else without breaking the bigamy laws.

  • According to bigamy under Section 494 ipc, according to the Indian Penal Code of Section 494, it is prohibited. According to the law, a person should be condemned and their marriage deemed null and void if they marry someone else while their current spouse is still alive.

bigamy punishment

Bigamy is a criminal offense in India. If the offense falls under Section 494 of the IPC, the court must approve the compounding of the sentence before bail can be granted. However, if the court has previously ruled that the marriage is null and void, the accused cannot be found guilty under Section 494 of IPC.

  • The maximum bigamy punishment is seven years in imprisonment, a fine, or both depending on some circumstances.
  • The accused of bigamy may be sentenced to a maximum of ten years in imprisonment, a fine, or both if he entered into a second marriage while concealing the details of his first marriage.

bigamy in hindu marriage act

Bigamy is forbidden in India, according to Section 17 of the Hindu Marriage Act, and anyone caught committing the crime shall face the appropriate punishment of bigamy in hindu marriage act. When determining the punishment for bigamy, the requirements of Section 494 and Section 495 of the Indian Penal Code shall be applied.

bigamy ipc: Essential Ingredients

The bigamy ipc consists of many essential ingredients. They are:

  • The first marriage ought to be legitimate, meaning it ought to follow the law.
  • It was time for a second marriage to happen.
  • The initial marriage ought to be in place.
  • The partner needs to be living.
  • Both unions ought to be lawful.

Important Criminal Legislations on Bigamy

  • Indian Penal Code: The first wife may file a case against her husband according to the Indian Penal Code if he gets married again. Bigamy is addressed in Section 494 and Section 495 of the Indian Penal Code.
  • Indian Evidence Act: In accordance with Section 114 of the Indian Evidence Act, the Court shall use common sense as the judicial tool and presume that there is an existence of likely facts based on human behavior and the usual sequence of events.

bigamy ipc bailable or not?

The type of offense as defined by Section 494 ipc. According to Section 494 bigamy, the offense is one that is not cognizable, bailable, compoundable, and subject to a magistrate of the first-class trial.

bigamy vs polygamy  

  • The act of getting married to someone while still being legally married to another person is known as bigamy. Having multiple spouses at the same time is known as polygamy, and bigamy is a prerequisite for polygamy.
  • One may observe polygamy as a regional custom. In other cases, it could be supported by religion. It’s possible that bigamy is not supported by culture or accepted by religion.

Why Does Bigamy Need to Be Banned?

  • It is deemed unlawful to perform bigamy when a second marriage is in place and to withhold the information from the partners.
  • It is considered fraud when someone conceals the details of their prior marriage and remarries. It is therefore prohibited.
  • When someone gets married again after a legally recognized first marriage, the other spouse loses all rights granted to them by the law during the marriage. Furthermore, no one would be denied rights under the law.

Who Can File Charges for Bigamy?

When it comes to Women:

  • She can submit the complaint on her own.
  • If a wife is involved, anyone who is connected to her by blood, her brother, sister, parents, or other relatives, may file a complaint on her behalf with the permission of the court.

When it comes to Husband:

  • The husband must register the complaint on his own behalf; no one else may do so.
  • However, there is an exemption made in the case of an active military member who is unable to take time off to file a complaint.

What Actions Need to Be Taken to File Bigamy Charges?

  • When a person is frequently ignorant that their prior divorce processes had not been concluded, the person must make sure that the divorce is finalized or not.
  • In situations where bigamy is perpetrated, the other partner may pursue certain actions against their spouse. Given that bigamy is a reason for annulment, they are free to file for the process.
  • After taking this action, the spouse has the option to file a bigamy complaint against their partner with the local law enforcement agency.

According to Section 494 bigamy is regarded essentially illegal in India. In India, the individual regulations, traditions, as well as practices of the different communities determine whether a second or subsequent marriage is illegal or subject to an indictment.

Bigamy’s social and legal ramifications emphasize how crucial marital faithfulness is and how important it is to preserve the integrity of the married institution. Indian legal views on matters like bigamy may change as the country’s social and cultural landscape does. But for the time being at least, the Indian Penal Code continues to be a crucial tool for controlling the marriage market and guaranteeing that the values of monogamy are respected.

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