NONE ! the original complainant might not have approached this Court to challenge that part of the judgment of the learned Single Judge which is quite contrary to the law declared by this Court. The concealment spoken of in Section 495 IPC would be from the woman with whom the subsequent marriage is performed. A Question Of Law- Law for Indian Matters, First Information Report ( FIR ) – the basics, S. 138 NI Act does NOT hold for Cheque issued against a loan of ” unaccounted cash “. 2 under Section 498A of the Indian Penal Code. ( 498A. Though Section 11 of the Hindu Marriage Act provides that any marriage solemnized, if it contravenes the conditions specified in Clause (i) of Section 5 of the said Act, shall be null and void, it also provides that such marriage may on a petition presented by either party thereto, be so declared. interfere with the same would amount to allow illegality to be perpetuated. No. The court ruled that in such cases the first wife gets half the share, the second wife is entitled to 1/8th of the share and the remaining 3/8th is to be shared among the children from both marriages. District and not on the basis of complaint made by the aggrieved person within the meaning of Section 198 of the Code. the husband. However, the said petition was Reportable, withdrawn by the appellant and therefore the petition was dismissed by the High Court vide order dated 09.04.2005 reserving liberty to the appellant to file a fresh petition in case of necessity. In case of an offence of bigamy provided under Section 494, IPC, not only the wife but her mother, father, sister, brother, daughter or son can also file a complaint on her behalf. 2 is void and as respondent no. Husband or relative of husband of a woman subjecting her to cruelty.). The expression "aggrieved person" denotes an elastic and an elusive concept. The Hindu Marriage Act applies to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Essential ceremonies of the marriage were gone into or not is a matter of trial,” a bench of Justices D K Jain and C K Prasad said in a judgement. The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code. Sadanatham Vs. Arunchalam (1980) 3 SCC 141, the appellate power vested in the Supreme Court under Article 136 is not to be confused with the ordinary appellate power exercised by appellate Courts and appellate Tribunals under specific statutes. In another case ,the supreme court also said Children born out of live-in are not illegitimate. Private complaint under section 200 for offence under IPC 211 answered by expert criminal lawyer. Even without the authorization under Section 155(2) or Section 156(3) of Criminal Penal Code, offences under Sections 494, 495 and 496 having been rendered cognizable and non- bailable by virtue of the Criminal Procedure Code (Amendment Act, 1992) can be investigated by the Police and no illegality is attached to the investigation of these offences by the police. “It is a settled law that mere participation in the second marriage would not ipso-facto make the relatives or the participants liable for abetment to bigamy since abetment connotes an active suggestion or support to the commission of the crime.” ruled Delhi High Court. Section 494 is intended to achieve laudable object of monogamy. aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code, is the wife etc., it was pleaded that in the instant case no complaint was made to the Court but was made to the police and on the basis of charge sheet, the Magistrate had taken cognizance of the offences which is contrary to Section 198 of the Code and is illegal. In Chandrakant Patil Vs. State (1998) 3SCC 38, even in absence of an appeal by Government specifically for that purpose and in absence of revisional power as is available to High Court and Sessions Court, under Criminal Procedure Code, this Court held that the Supreme Court has power under Article 142 read with Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 to enhance the sentence for doing complete justice in the matter that in Reportable, the circumstances of the case appeared to it, to be too inadequate. Similarly, against the entries relating to Section 495 in column 4, for the word "Ditto" the word "Cognizable" and in column 5 for the word "Ditto", the word "Non-bailable" were substituted. 3. the other offences are non-cognizable" Here in this case in the charge sheet it is mentioned that the appellant has also committed offence punishable under Section 420 of the Indian Penal Code which is cognizable and therefore this is a case which relates to two or more offences of which at least one is cognizable and therefore the case must be deemed to be cognizable case notwithstanding that the other offences are non- cognizable. After examining the scope of Section 498A of the Indian Penal Code and holding that a person who enters into marital arrangement cannot be allowed to take shelter behind the smoke screen of contention that since there was no valid marriage the question of dowry does not arise, Such legalistic niceties would destroy the purpose of the provisions. 820 of 1996 pending on the file of the learned Judicial Magistrate. 2 under Section 498A of the Indian Penal Code on the file of the learned Magistrate. the law made by the State Legislature will prevail. Punishment of an offence under Section 420 Attending 2nd marriage is abetting bigamy? The offence mentioned in Section 495 IPC is an aggravated form of bigamy provided in Section 494 IPC. 2 and submitted charge sheet in the Court of learned Judicial Magistrate, First Class, Hyderabad, West and South Court, R.R.District at Kothapet, Sarunagar for commission of offences punishable under Sections 494, 495, 417, 420 and 498A IPC. who decided the present case in view of salutary provisions of Article 141 of the Constitution. which would be suffered by the woman with whom second marriage is performed, if the marriage is declared to be void, let us make an attempt to ascertain the purpose of enacting Section 494 IPC. When a law, such as Section 11 of Hindu Marriage Act, 1955 declares that a second marriage by a husband, who has living wife, with another woman is void, for breach of Section 5 (i) of the said Act, it brings/attaches several legal disabilities to the woman with whom second marriage is performed. 20. Where there is manifest injustice, a duty is enjoined upon this Court to exercise its suo motu power by setting right the illegality in the judgment of the High Court as it is well settled that illegality should not be allowed to be perpetuated and failure by this Court to Reportable. The High Court further concluded that taking cognizance of the offences punishable under Sections 417, 420, 494 and 495 IPC was in accordance with law, but the victim i.e. However, the customary law was codified by the enactment of the Hindu Marriage Act in 1956, which declared  a second marriage ‘void ‘during the subsistence of the first one. Section 494 does not say that the complaint for commission of offence under the said section can be filed only by wife living and not by the woman with whom subsequent marriage takes place during the life time of the wife living and which marriage is void by reason of its taking place during the life of such wife. the learned Single Judge of the High Court of Judicature, Andhra Pradesh in Criminal Petition No. However, this Court finds that the Legislative Assembly of the State of Andhra Pradesh enacted the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992. What was asserted was that the High Court failed to notice that under Section 198(1)(c) of the Criminal Procedure Code only a legally wedded wife or someone on her behalf as mentioned in the said Section can make a complaint to Magistrate for the offences under Section 494 and 495 IPC and as admittedly the complaint was made by the respondent no. A person commits bigamy when he/she: On the other hand, the learned Counsel for the respondents argued that by Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, the offences under Sections 494 and 495 have been made cognizable in the State of Andhra Pradesh, and therefore the respondent No. The case of the respondent no. Section 182 of IPC is one of the prevalently used measures against false 498A cases. The first marriage should be according to the law i.e, it should be legal; Second marriage should have taken place; The first marriage should be existing; The spouse must be alive; Both marriages should be valid; Classification of offence. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. In post vedic India a King could take and generally Reportable, used to have more than one wife. Non-filing of the complaint under Section 494 IPC by first wife does not mean that the offence is wiped out and monogamy sought to be achieved by means of Section 494 IPC merely remains in statute book. ( Log Out /  The High Court by its impugned Judgment dated 3.5.95 partly allowed the petition with the findings that since respondent No.2 had not herself personally filed the complaint under Section 494 I.P.C., its cognizance could not have been taken by the Magistrate in view of the provisions contained in Section 198(1) of the Code. of precaution and/or record. Validity of a Divorce granted by a Foreign Court, Follow A Question Of Law- Law for Indian Matters on WordPress.com. Complaint for cheating can be filed under section 415 of IPC. In view of the above mentioned conclusions, the learned Single Judge of the High Court by the impugned Judgment Reportable. The Supreme Court has ruled that children born out of wedlock have the right to inherit their father’s ancestral property.In  Revanasiddappa vs Mallikarjun case ,  Justices G.S. trial. In support of above stated contentions, the learned Counsel for the petitioner placed reliance on the decision in Mavuri Rani Veera Bhadranna (Supra). 2 was not the wife of the appellant. The Presidential assent was received on 10th February, 1992 after which the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992 was published on the 15th February, 1992 in the Andhra Pradesh Gazette Part IV-B (Ext.). The first exception to Section 494 has also some relevance. When the State Act prevails under Article 254(2) over a Central Act, the effect is merely to supersede the Central Act or to eclipse it by the State Act. Section 494 does not restrict right of filing complaint to the first wife and Reportable. 18. The law of bigamy is NOT applicable to live- in relationship as there is no legally contacted marriage. Whether judge can alter Judgment after it is signed? What is held as firm proposition of law is that when exercising appellate jurisdiction the Supreme Court has power to pass any order. It is extraordinary in its amplitude. and concluded that the Division Bench in Mavuri Rani Veera Bhadranna (supra) had taken note of the fact that the offence punishable under Section 494 IPC as amended by the State of Andhra Pradesh was made cognizable, and though there was no corresponding amendment to Section 198 of the Criminal Procedure Code, the investigating agency was entitled to investigate, and the Magistrate was not precluded from taking cognizance of the said offence on report filed by the police. or with the leave of the Court, by any other person related to her by blood, marriage or adoption. Enter your email address to follow this blog and receive notifications of new posts by email. Change ), You are commenting using your Twitter account. The reasoning given by the Division Bench of High Court of Andhra Pradesh in Mavuri Rani Veera Bhadranna (supra) that though the State Legislation amended the Schedule making the offence under Section 494 IPC cognizable, the legislation made by the Parliament i.e. The person aggrieved can file a case of bigamy either in court or at the policestation. Thus, this Reportable, Court finds that correct proposition of law was not laid down in Mavuri Rani Veera Bhadranna (supra) when the Division Bench of the Andhra Pradesh High Court in the said case held that as Section 198 of Criminal Procedure Code still holds the field despite the amendment made by State Legislature, the Court would have no jurisdiction to take cognizance of an offence punishable under Section 494 IPC on the basis of report submitted by the Investigating Officer. Concurrent List in the Seventh Schedule mentions "Criminal Procedure, including in matters included in the Code of "Criminal procedure, at the commencement of this Constitution". Referring to Section 198(1)(c) which inter alia provides that no Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by a person aggrieved, where the person Reportable. Section 494 does not say that the complaint for commission of offence under the said section can be filed only by wife living. 2 is not the wife, she was not entitled to lodge first information report with the police for commission of offence u/s. under Section 494 along with other cognizable offences by virtue of Section 155 (4) of the Criminal Procedure Code. This Section introduces monogamy which is essentially voluntary union of life of one man with one woman to the exclusion of all others. However, in view of Clause (2) of Article 254 of the Constitution, an undoubted power to legislate, of course subject to assent of the President on the Reportable, subject already in existence, is available to the State Legislature. 2 is not the wife, she was not entitled to lodge first information report with the police for commission of offence u/s. 2426 of 2005 by which the prayer made by the appellant, a Police Officer, to quash the proceeding in C.C. As per section 468 CRPC, a complaint under section 498A IPC can be filed within 3 years of the alleged incident. Section 198(1)(c) of the Criminal Procedure Code, amongst other things, provides that where the person aggrieved by an offence under Section 494 or Section 495 IPC is the wife, Reportable, complaint on her behalf may also be filed by her father, mother, sister, son, daughter etc. Answer: The offence of cheating under Section 420 IPC is a cognizable offence. It is conceived to meet situations which cannot be effectively and appropriately tackled by the existing provisions of law. Singhvi and A.K. Where to file complaint under Bigamy law-section 494? “The live-in- relationship if continued for such a long time, cannot be termed in as “walk in and walk out” relationship and there is a presumption of marriage between them ..”Supreme Court in 2004 in the Rameshchandra Daga vs Rameshwari Daga case ,where the maintenance rights of women in “informal relationships or invalid marriages” were upheld.These cases virtually encourage relationship outside-marriage,this created confusion in the minds of people. When all these three conditions are satisfied, Reportable. 4. The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code. Clause (2) comes into play only when (1) the two laws in question deal with a matter in Concurrent List (2) the State law has been made with the consent of the President and (3) the provision of law made by Parliament was earlier. 2007 (1) ALD (Crl.) The law declared by this Court in case of Reema Aggarwal (Supra) was binding on all Court including the learned Single Judge of High Court of A.P. Get free answers to all your legal queries from experienced lawyers & expert advocates on criminal & other legal issues at LawRato. 812 of 2001 filed by the appellant in which similar reliefs as claimed in Criminal Petition No. If the Police Officer in charge of a Police Station is entitled to investigate offences punishable under Section 494 and 495 IPC, there is no manner of doubt that the competent Court would have all jurisdiction to take cognizance of the offences after receipt of report as contemplated under Section 173(2) of the Code. Visit Now! So the technical plea advanced by the learned counsel for the appellant that in absence of appeal by any of the respondents, quashing of proceedings with respect to the offence punishable under Reportable, Section 498A IPC, cannot be set aside, is hereby rejected. In view of the above settled legal position, this Court has no doubt that the amendment made in the First Schedule to the Code of Criminal Procedure, 1973 by the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, shall prevail in the State of Andhra Reportable, Pradesh, notwithstanding the fact that in the Criminal Procedure Code, 1973 offences under Section 494 and 495 are treated as cognizable offences. The judgment of the High Court quashing the proceedings initiated by the learned Magistrate for commission of offence punishable under Section 498A is tainted with serious legal infirmities and is founded on a legal construction which is wrong. 2 under Section 498A of the Indian Penal Code as well as charge sheet submitted by the Investigating Officer for the same shall stand restored/revived. Before :- J.M. Such reasoning is quite contrary to the law declared by this Court in. So, AFTER 1956, second marriages could be considered illegal. Where there is inconsistency between laws made by Parliament and laws made by the State Legislature, the law made by the Parliament shall prevail. – marries ,but  such marriage is void, Sub- Clause 2 of the said Article provides that notwithstanding anything in Clause (3), Parliament and subject to Clause (1), the legislature of any State also have power to make laws with respect to any of the matters enumerated in List 3 in the Seventh Schedule, whereas, Clause (3) of Article 246 amongst other things provides that subject to Clauses (1) and (2), the legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List 2 in the Seventh Schedule. (Arising out of S.L.P. So also because of several reasons such as want of funds, distance, non-availability of legal advice, etc. Respect of filing complaint to the exclusion of all others, You are commenting using your Twitter account to... 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