The Chhattisgarh High Court has reaffirmed that a person who is single and marries another individual whose previous marriage is still valid cannot be held liable under Section 494 of the Indian Penal Code (IPC). Rather, it is the person whose earlier marriage is still in existence who would be culpable for bigamy.
The single-judge Bench of Justice Arvind Kumar Verma observed:
"A person who is single marrying another whose marriage is still subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable. A bare perusal of Section 494 of IPC makes it crystal clear that the liability is imposed on the spouse who remarries while the first marriage remains valid."
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Case Background
The case in question involved a complaint filed by the first wife against her husband and his alleged second wife. The complainant’s marriage with the accused-husband took place in 2006, and they had a daughter in 2009. However, due to domestic harassment, she was forced to leave her matrimonial home in 2012. Subsequently, she discovered that her husband had remarried in 2011 without obtaining a legal divorce.
When her attempts to file an FIR failed, she initiated a complaint case against her husband, his second wife (the petitioner), and other individuals. A criminal case was registered under Sections 498-A (cruelty by husband or relatives), 494 (bigamy), and 34 (common intention) of IPC.
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The petitioner, who was named as the second wife, approached the trial court seeking discharge from the case, arguing that Section 494 IPC does not apply to her. However, her request was denied, prompting her to seek relief from the Chhattisgarh High Court.
Court’s Observations
The High Court carefully examined the language of Section 494 IPC and emphasized:
"It is not the case of the prosecution that the petitioner was already married at the time of her marriage with the accused. The intention of the legislature is to prosecute only the erring spouse who enters into a second marriage while the first marriage is still in existence."
Thus, the court ruled that a person who is single at the time of marriage cannot be held guilty under Section 494 IPC. It highlighted that bigamy laws aim to penalize the individual who contracts a second marriage despite having a legally wedded spouse.
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Key Takeaways
Second spouse not liable: The law does not criminalize the act of the second spouse but holds the already married individual accountable.
Legislative intent: The objective of Section 494 IPC is to deter individuals from remarrying without legally dissolving their previous marriage.
Quashing of proceedings: Based on these principles, the High Court quashed the pending criminal proceedings against the petitioner.
Case : Dr. Manju Sinha v. Smt. Pyari Dadsena & Anr.
Case No: CRMP No. 2197 of 2024
Counsel for the Petitioner: Mr. Sunil Sahu, Advocate
Counsel for the Respondents: Mr. S.P. Sahu, Advocate for Respondent No. 1; Ms. Laxmeen Kashyap, Panel Lawyer for the State
