The Chhattisgarh High Court dismissed bigamy charges against a woman, clarifying that Section 494 IPC only applies to individuals who remarry while already having a spouse. The court ruled the second wife cannot be prosecuted as she married without knowledge of the husband’s prior marriage, emphasizing that responsibility lies with those knowingly committing bigamy.
Raipur: The Chhattisgarh High Court dismissed criminal proceedings against a woman accused of bigamy, clarifying that Section 494 of the Indian Penal Code (IPC) does not apply to second wives. The court ruled that only the person who remarries while already having a living spouse can be prosecuted under the law.
Justice Arvind Kumar Verma, heading the Single Bench, explained that Section 494 IPC specifically applies to individuals who remarry despite having an existing spouse. The legal interpretation of the statute focuses on the phrase, “whoever, having a husband or wife living, marries…”, which means only those with a valid, pre-existing marriage can be held liable for bigamy.
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The second wife, in this case, had petitioned the High Court under Section 528 of the BNSS, 2023, seeking the dismissal of the criminal complaint filed by the first wife. The complaint was lodged after the accused husband’s remarriage in 2011, despite being legally married to his first wife since 2006.
The complainant, who married the accused in 2006 and had a daughter in 2009, alleged that her husband and his family subjected her to mistreatment and forced her out of their home. She later discovered that he had married the petitioner (second wife) in May 2011 without divorcing her.
After failing to register a complaint initially, she filed a criminal case under Sections 498-A, 494, and 34 IPC, naming her husband, the second wife, and two others as accused.
The High Court emphasized that the second wife was not legally married when she wed the accused. Since Section 494 IPC applies only to individuals with an existing, valid marriage, she does not meet the essential criteria for prosecution.
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Furthermore, the court noted that the second wife was unaware of the accused’s previous marriage at the time of their wedding. This further reinforced that she cannot be held responsible for bigamy.
Concluding that prosecuting the second wife under Section 494 IPC would be a misuse of legal provisions, the High Court granted her petition and dismissed the criminal proceedings. The ruling reinforces legal clarity on bigamy cases, ensuring that the onus remains on individuals who knowingly remarry despite having a living spouse.
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