S Nitheen vs State Of Kerala 2024 INSC 420 – S 494 IPC – Bigamy

Indian Penal Code, 1860; Section 494– The essential ingredients of this offence are: (1) that the accused spouse must have contracted the first marriage (2) that while the first marriage was subsisting the spouse concerned must have contracted a second marriage, and (3) that both the marriages must be valid in the sense that the necessary ceremonies required by the personal law governing the parties had been duly performed – Referred to Gopal Lal v. State of Rajasthan (1979) 2 SCC 170- no person other than the spouse to the second marriage could have been charged for the offence punishable under Section 494 IPC simplicitor (Para 15-16)

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