Calcutta High Court: Bigamy Charges Under IPC Apply Only to Husband, Not Second Wife
The Calcutta High Court recently ruled that bigamy under Section 494 of the Indian Penal Code (IPC) only applies to the husband who gets married a second time while still legally married to his first wife. The Court said that the law does not apply to the second wife in such cases.
This decision came in response to a criminal revision petition filed by the second wife. She asked the court to quash the legal case filed against her under Sections 494 (bigamy), 498A (cruelty), 406 (criminal breach of trust), and 506 (criminal intimidation) of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
A single bench of Justice Shampa Dutt (Paul) allowed the petition, stating that the woman could not be held responsible under Section 494, as she was not the one who was already married. Justice Dutt noted that only the person who marries again during the lifetime of a legally wedded spouse can be charged with bigamy.
The case was originally filed by the first wife, who accused her husband and his family of demanding dowry, torturing her mentally and physically, and then marrying another woman. However, the second wife (petitioner) argued that she was not related to the husband’s first wife, and that the allegations didn’t apply to her.
The Court supported her argument, stating that Section 494 punishes the act of marrying a second time, but not the woman who becomes the second wife. The judge further explained that the legal elements of the other charges, including cruelty and criminal intimidation, were also not proven in her case.
As a result, the High Court quashed all charges and allowed the criminal revision, confirming that the second wife should not face legal action for the husband’s actions.
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