Overview: This Kanooni Dhara of the IPC punishes fraudulent or mock marriages. Anyone who dishonestly or with a fraudulent intention takes part in the ceremony of being married, aware of the fact that he is not being lawfully married would be liable for punishment under this section.
Essentials of the Section:
1. A person with a dishonest or fraudulent intentions go through marriage ceremonies.
2. He/she must be aware(i.e. have knowledge) of the fact that he/she is not thereby lawfully married
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.
Example: Prashant with a dishonest/ulterior motive of humiliating and ruining life of Sita, eloped and performed marriage ceremonies with her which he knew would not lead to a lawful marriage. Prashant will be liable for punishment under this section.
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 |
|---|---|---|---|---|
| The marriage ceremony which was fraudulently gone through without lawful marriage. | Imprisonment up to 7 with a fine. | Non-Cognizable | Bailable | Magistrate of the first class. |
| Offence | The marriage ceremony which was fraudulently gone through without lawful marriage. |
|---|---|
| Punishment | Imprisonment up to 7 with a fine. |
| Cognizance | Non-Cognizable |
| Bail | Bailable |
| Triable By | Magistrate of the first class. |
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