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    Anklesh Mahunta
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    13 views7 pages

    Ipc Offences Relating To Marraige

    Uploaded by

    Anklesh Mahunta

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 7
    tuodtive riguoutt snd s Selo eSeeeiohs493 19498 OE th “offices reaing to! Malad 10H bilew f jot i) ynibroter dguonlt snog iY ~ Mock Marriage (Sections 493,and 4 , ?yBigamy,, (Sections 494-496). ybesnoneib 49v80 3.Adulteryi(Seetion 24975 andod to yriornereo onl) quot reziggmi sit padaiaug py lade rawful marriage (Section 496): This section se he Mit pind fraudulent or mock marriages. It applies to those i mh nae we jawte a fake ceremony is gone through pretending it ‘ons Whe ate sp? marriage. It runs as follows— © be a vat High owt yor lig “Whoever, dishonestly or with a fraudulent int ; # rene ; the ceremony of being married, knowing fan. Roe, of puso! thereby lawfully married, shall be punished with im He ta owt grou! either description for a term which may extend een ot | tn it is and shall also be liable to fine.” seen yen, | me ; in} Ingredients: To constitute the offence under § — ‘ the following conditions are to be satisfied— le o eee r Sa : i. The accused went through the form of marriage on ii, He knew that he was i es o aa not lawfully married, ia which such went through the form of marriage dishonestly or aelife of such of either desc and shall als case, the accused a married man induced a girl saying Excepti ed. The parents of the girl also believed bis whose marria - dowry and arranged marriage between be by a Court « At the time of the marriage ceremony N the fraudulent act of the accused. TY | ofy he former | 1¢ matter to the police. The court convict®! Offences relating to Marriage 2. BIGAMY (Sections 494.496) Bigamy means “marrying again during the life In other words, bigamy means , having Spouse living, marries again, is guilty of bigamy. (if a man has two wives or a woman nds, it is bigamy. If a man has more than two ts to ‘polygamy’. If a woman has more than two called ‘polyandry’.) ag to Section 494 of the Indian Penal Code, “marrying life of husband or wife” is an offence. It runs , having a husband or wife living, marries in case iage is void by reason of its taking place during d or wife, shall be punished with imprison-nent for a term which may extend to seven years, to fine.” fion does not extend to any person band or wife has been declared void isdiction, ‘contracts a marriage during the life such husband or wife, at the time ave been continually absent from n years, and shall not have been live within that time, provided marriage shall, before such ith whom such marriage o far as the same are g two exceptions 9) Se BP Ne ot x WVijnooy If-the Whereabouts spouse i a continuous/periodsofsseven years, kom a 49d MPCs Is applicable 4, Hi licability: Section 494 LP: 0 Hind, Crisp dove erd hi eclan Women, 15 not appi ‘to Mohammedan male, who can. have four, wives, aA ime leg If he (muslim male), marries again during. the life time Of fon wives, he is guilty of the offence of bigamy under ibe, ' Section 4o4 , Seagroilantes Tovconstitute baad the'following ingredient, are tobe: satisfied nov» | mu ; 1. That the accused has ‘already’ been marred’ 16 tothe 2. ‘That the ‘accused!‘married ‘another ‘person, 3. That the second marriage was void. by the reason Of its taking place during ‘the ‘life of the ‘first spouse. Relevant; Case fa wrt B'S. Lokhanda’ vs. State of Maharashtta,’ {ATR 1968 sc 1864): The Supreme Court in thé! ‘instant Case held the accused Santosh Kumari». Surjit this case, the first. wife, Second marriage, first,.wife, Such pesmi oa Hingari Obulamma v. State {Aig 4999 'se'stay mts Pe wee Wassabsolutely: ‘ng evidence ANY OT ANE 1W0 essential core lonofiting vty staid das been Performed ay the time of Yani ore ine 8! fhe cusiom ia the Sad of "Mangal Suan’ Offences relating to Marriage ae ioned in the complaint nor provea Gere unde Sectién’ 4940 IPO eoatd ae the evidence, poet ogy held that it was well settled that befoje ane nse ase ceded under Section. 494,.it must be a 2 conviction pS ved that both W. governing, ord ’ ages were valid and strictly according tg jy ‘State of Dethi Chane ga Charan '. State Of Delle [2000 Cri.y 3 pif: the aocused belonged 10 a Scheduled taot, (eth): (jag no notification by the Cental Government Raa arriage Act applicable to that Tribe. ‘Hence: Sebisn: 484 attracted 20 chis«marriage:/2i!ub A 0 jasaiatntal ent for Bigamy (Sections 494 and 495): ts offerte of bigamy shall be punished Larue A sehitnay extend tO Seven years and shall also be Tiable to fine Frion494 prescribes: punishrient uptolten yours aso fine ‘peonceaiment of the formermarriage! from«person| with: whonv went marriage''is contracted: ha i 3) ADULTERY (Section 497) with a-marriediWoman, whois /notohis:wifesi'with her without the consent: or connivance ’of her husband, pto rape.” Section 497 runs ‘as follows Or has reason to believe to be the wife of another sent or connivance of that man, such sexual unting'to the offence ofitape, \isguilty-of the db shall-be!punished with imprisonment of ert! which’may

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