A Dhakoli man booked for bigamy Complaint Case Chandigarh Panchkula Mohali. Booked under Sec 376, 420 & 495 IPC.

Chandigarh Panchkula Mohali Bigamy Complaint Case

In one of the cases that have reported, a man who was the resident of Dhakoli has been booked on the charges of Bigamy. These charges have been put on the man by his second wife, as it was reported by one of the local newspapers. The complaint was filed before the Senior Superintendent of Police in Mohali whose office is there. The woman has alleged that her husband at the time of their marriage had stated that he has got a divorce from his first wife. The second wife said that she was convinced that her husband had gotten the divorce but the husband had done the entirely opposite thing. He was still married to his first wife and when the second wife found out about the marriage, the husband started torturing her second wife for dowry. The police official who is investigating the matter said that the case filed by the second wife is being dealt with by the headquarters i.e. by the superintendent of police himself. The man has been found guilty and has been booked under Section 376-2(n), Section 420 and Section 495 of the Indian Penal Code (Act 45 of 1860).

Bigamy Complaint Case Chandigarh Panchkula Mohali
Bigamy Complaint Case Chandigarh Panchkula Mohali

Also Read- Mohali police book Dhakoli man for bigamy – Hindustan Times

The facts of the case include a woman who has been cheated by her husband. The woman in the case finds out that she is the second wife of a man who claimed that he has gotten a divorce from his previous wife. But, it turns out that during all this time the man was married to another woman. When the second wife got to know about the truth of her husband she confronted her husband but instead her husband started torturing her and started demanding dowry from her and her family. The police headquarters in Punjab took note of the incident and assured to take strict actions against the man. The husband was booked under several sections of the Indian Penal Code namely Section 376-2(n), Section 420 and Section 495. These sections of the Indian Penal Code describe different offences that were committed by the husband. Section 376-2(n) of the Indian Penal Code states that, “Whoever commits rape repeatedly on the same woman shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.”[1]

Also Read- Null and Void Marriage Chandigarh Panchkula Mohali

This means that any person who commits rape on the same woman for numerous times, then he will be imprisoned upto ten years and also that period of imprisonment will be extendable. Section 420 of the Indian Penal Code states that, “ Cheating and dishonestly inducing delivery of property— Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”[2] The ingredients to fulfil the offence under this section is that, “That the accused knew that the representation was false at the very time when he made it” and “That the accused made the false representation with the dishonest intention of deceiving the person to whom it was made” In the instant case, both of these ingredients were fulfilled by the accused. The husband deceived the wife and made the false statement that he was not married to another woman, he knew that he was making the wrong statement still he did it. The accused fulfilled the second ingredient because he made the dishonest remark of not being married for some personal gains where his intention was wrong.

Also Read- cases on bigamy doctypes: punjab – Indian Kanoon

So, the husband can be convicted under Section 420 of the Indian Penal Code. Another section that was imposed on the man was Section 495 which states that, “Same offence with concealment of former marriage from person with whom subsequent marriage is contracted– Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with the imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”[3] The ingredients to fulfil the crime under this section is mentioned as under:

  • The accused had already been married to some person
  • The said marriage was legal
  • The person to whom the accused was married was alive
  • The accused married another person
  • The accused when marrying the second time concealed from the person whom the accused married the fact of the first marriage.

In the instant case, the man had misrepresented that he had already been divorced from his first wife which was not true. Also, all the ingredients of Section 495 are being fulfilled in the said scenario here. The accused was already married to a person at the time of the second marriage.

In my opinion, the man should be booked under all the three Sections of the Indian Penal Code. He has forced himself on his wife and tortured her for dowry which is also prohibited by the statute of Dowry Prohibition Act, 1961. So, in my opinion the man should also be booked under the penalty for demanding dowry under the Dowry Prohibition Act, 1961 which states, “If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.”[4]

Also Read- Live-in couple sans divorce from spouse may face bigamy charge: Punjab and Haryana High Court

To conclude, the person accused of performing bigamy is punished by the law as happened in one of the cases Trailokya Mohan v. State of Assam[5]. So, the same decision should be taken by the Hon’ble Courts in the matter.

For case specific advice please contact criminal lawyers advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur

More on 99888-17966.

[1] Indian Penal Code, 1860 (Act 45 of 1860)

[2] Indian Penal Code, 1860 (Act 45 of 1860)

[3] Indian Penal Code, 1860 (Act 45 of 1860)

[4] Dowry Prohibition Act, 1961

[5] Trailokya Mohan v. State of Assam, AIR 1969 Assam 22