Section 494 in The Indian Penal Code, 1860
494. Marrying again during lifetime of husband or wife.—
Whoever, having a husband or wife living, marries ... seven years, and shall also be liable to fine. (Exception) — This section does not extend to any person whose marriage with such husband or wife
repeated in Section 17 . The latter part of this Section makes Sections 494 and 495 of the Indian Penal Code applicable to such marriages ... person aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code (45 of 1860) is the wife, complaint
apostate husband would be quilty of the offence
under Section 494 of the Indian Penal Code ( IPC )?
These are four petitions under Article ... provisions of the Act and as such would be
nonest. Section 494 Indian Penal Code is as under:-
"Marrying again during lifetime of
husband
Reportable
aggrieved by an offence punishable under Section 494 or
Section 495 of the Indian Penal Code, is the wife etc., it was
pleaded that ... 494 IPC in Section 495 IPC makes it
clear that Section 495 IPC is extension of Section 494 IPC
husband or wife living; and
the provisions of sections 494 and 495 of the Indian
Penal Code shall apply accordingly".
What Section 17 contemplates ... Section
494 of the Penal Code which has been extracted above.
Section 17 clearly provides that provisions of Sections 494
and 495 of the Penal
raised, a preliminary examination of how the penal provisions contained in Section 494 of the Indian Penal Code came to be applied to the case ... under the Indian Divorce Act (IV of 1889) or in prosecutions Under Sections 494, 495, 497 or 498 of fee Indian Penal Code . This would
deemed to have committed an offence under section
494 or section 495 of the Indian Penal Code, as the case may be, and the
marriage ... subject to the penalties provided in Section 494 and
Section 495 of the Indian Penal Code, for the offence of marrying again
during the lifetime
Chapter XXI of the Indian Penal Code or under Sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made ... punishable by this Code."
Section 494, is not one of the sections excepted by Clause 2 or Clause 3. Section 109 ,
their prosecution for the commission of offence punishable
under Section 494 of the Indian Penal Code was barred on
the basis of FIR. The learned ... person aggrieved by an offence
punishable under section 494 or section 495 of
the Indian Penal Code is the wife, complaint may
be made
amendment to Section 320
Cr.P.C., and Section 198 Cr.P.C., the court cannot take cognizance of
offence under Section 494 ... Even without the authorization under Section 155(2) or
Section 156(3) of Criminal Penal Code, offences under Sections 494,
495 and 496 having been
