CrPC Section 494
π CrPC Section 494 β Interference with marriage and related complaints
Actually, CrPC (Code of Criminal Procedure) does not have a Section 494. You might be confusing it with IPC Section 494, which deals with marriage-related offences. Iβll explain IPC Section 494, as itβs commonly studied in criminal law.
π IPC Section 494 β Marrying again during lifetime of husband or wife (Bigamy)
Section 494 of the Indian Penal Code deals with the crime of bigamy, i.e., marrying again when one spouse is still alive and the first marriage has not been legally dissolved.
βοΈ Key Points:
Who it applies to β
Any person who marries again while their spouse is still alive and the first marriage is valid and subsisting.
Exceptions β
The second marriage is not an offence if:
The first spouse has died, or
The first marriage has been legally dissolved by a court.
Punishment β
Imprisonment for up to 7 years, or
Fine, or
Both.
Key elements of the offence β
Existence of a valid first marriage.
Knowledge that the first spouse is alive.
Voluntary second marriage without legal dissolution of the first.
π Simplified Explanation:
Bigamy = marrying someone while still being married.
It is illegal in India under IPC Section 494 (except in cases allowed by personal law, e.g., some Muslim marriages where polygamy is permitted).
The law punishes such marriages to protect the sanctity of the first marriage.
β Example:
A man is married to Priya. Priya is alive, and the marriage has not been legally dissolved.
The man marries Seema without Priyaβs death or divorce.
The man is guilty of bigamy under IPC Section 494.
β οΈ Important Notes:
Consent of the first spouse is irrelevant; the second marriage is still illegal.
It is a cognizable offence, meaning police can register a case and investigate.
Punishment can be up to 7 years in prison.
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