The Calcutta High Court has ruled that the offence of bigamy under Section 494 of the Indian Penal Code (IPC) applies solely to the husband who remarries during the lifetime of his first spouse. The second wife, in such cases, is not liable under this provision.
The judgment came after the Court quashed criminal proceedings initiated by the first wife against her husband’s second wife. The petitioner, the second wife, had filed a revision petition seeking relief from charges under Sections 498A, 494, 406, and 506 of the IPC, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Justice Shampa Dutt (Paul) clarified that Section 494 IPC is explicitly applicable to the individual who marries a second time during the subsistence of a valid marriage. The Court emphasized that the language of the law holds the husband accountable, not the second wife.
The case originated from a complaint filed by the first wife, alleging dowry demands, mental and physical abuse, and her husband’s subsequent second marriage. The second wife contended that she was not a relative of the complainant’s husband, making the allegations inapplicable to her.
The Court reviewed the case and noted that the criminal proceedings lacked merit against the petitioner. It reiterated that the offence of bigamy under Section 494 IPC punishes the act of remarriage during the lifetime of a legally wedded spouse, targeting only the person committing the act.
In conclusion, the Bench observed that none of the charges, including those under Section 506 IPC, were applicable to the second wife. Consequently, the High Court allowed the criminal revision petition, bringing relief to the petitioner.
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