Overview: This Kanooni Dhara of the IPC punishes anyone who marries during the lifetime of their spouse and conceals the fact of the former marriage from the person with whom subsequent marriage is contracted.
Essentials of the Section: The following are the essentials of this section ;
1. A person must have committed an offence under Section 495 i.e. he/she must marry during the lifetime of their spouses.
2. The fact of former marriage must have been concealed from the person with whom the second/subsequent marriage has been entered into.
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 10 years and the offender shall also be liable to a fine.
Composition under Section 320 Cr.P.C: This section is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Concealment of the fact of former marriage from the person with whom subsequent marriage is contracted. | Imprisonment up to 10 years along with a fine. | Non-Cognizable | Bailable | Magistrate of the first class. |
| Offence | Concealment of the fact of former marriage from the person with whom subsequent marriage is contracted. |
|---|---|
| Punishment | Imprisonment up to 10 years along with a fine. |
| Cognizance | Non-Cognizable |
| Bail | Bailable |
| Triable By | Magistrate of the first class. |
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