Overview: This Kanooni Dhara of the IPC punishes anyone who marries during the lifetime of their spouse i.e. anyone who enters into a second marriage while the first spouse is alive such person shall be punishable under this section.
Ingredients of the Section: The following are the essentials of this section ;
1. A person must be lawfully married.
2. His/her spouse must be alive during the time of the second marriage.
Exceptions to the section: This the section will not be applied in the following circumstances:
1. If the first marriage
of the person has been declared to be void(i.e. not valid/legally binding) by a competent court.
Or
2. When a person enters into the second marriage on the account that his/her spouse has been missing for a period of 7 years and no one has heard about his/her whereabouts.
Punishment: Any person liable for an offence under this section shall be punished with imprisonment of either description for a term which may extend to 7 years and the offender shall also be liable to a fine.
Composition under
section 320 Cr.P.C: This section is listed under Compoundable Offences i.e.
compromise or settlement can be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Marrying again during the lifetime of husband/wife | Imprisonment upto 7 years along with a fine. | Non-Cognizable | Bailable | Magistrate of the first class. |
| Offence | Marrying again during the lifetime of husband/wife |
|---|---|
| Punishment | Imprisonment upto 7 years along with a fine. |
| Cognizance | Non-Cognizable |
| Bail | Bailable |
| Triable By | Magistrate of the first class. |
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