On July 15th, the Supreme Court sentenced a woman and her second husband to six months in jail each for committing bigamy. The court created an unusual but considerate sentencing plan, keeping in mind the couple’s six-year-old child.
The woman remarried while her first marriage was still legally valid, leading to a complaint by her first husband. He challenged an August 2022 judgment by the Madras High Court that had sentenced the couple to “imprisonment till the rising of the court.” The Supreme Court found this punishment too lenient given the gravity of the offence.
The court emphasized that sentences for serious crimes like bigamy must reflect the severity of the offence and the circumstances under which it was committed. It stated that lenient sentences can negatively impact society and that the punishment must be proportionate to maintain order and justice.
Section 494 of the Indian Penal Code allows for a maximum sentence of seven years for bigamy, and the offence is compoundable only by the spouse of the person who remarried, with the court’s permission. This provision has been retained under Section 82 of the Bharatiya Nyaya Sanhita, effective from July 1st.
The Supreme Court found the initial punishment “unconscionably lenient,” noting that the woman received alimony from her first husband until two months before having a child with her second husband. The court concluded that undeserved leniency was shown in the case.
To balance justice and the child’s welfare, the court ordered the couple to serve six months in jail each, but one after the other. This ensures that one parent is always with the child. The bench clarified that this arrangement is specific to this case and should not be seen as a precedent.
By enhancing the punishment, the Supreme Court aims to uphold societal confidence in the legal system and ensure that serious offences like bigamy are met with appropriate consequences.
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