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
enhancement of punishment for conviction for the
offence under Section 494 of the Indian Penal Code, 1860
(for short, ‘ I.P.C .’). The appellant-complainant ... direct.”
17. The proviso to Section 418(1) , Cr.P.C., together
with the penal provision under Section 494 I.P.C.,
prescribing no minimum
JMFC’) for the offences punishable under Section 494 read
with Section 34 of the Indian Penal Code, 1860(hereinafter being
referred to as ‘ IPC ... Code of Criminal Procedure,
1973(hereinafter being referred to as ‘ CrPC ’), proceeded to direct
framing of charges against the appellants under Section 494 IPC
repeated in Section 17 . The latter part of this Section
makes Sections 494 and 495 of the Indian Penal Code
applicable to such marriages ... Section 494 and it is the main part of Section
494 which is involved in the present case. A perusal of
Section 494 indicates that
religious rites and essential ceremonies" charge sheet
under Section 494 of the Indian Penal Code is fit to be
quashed. It was, further, contended ... cannot be said that
ingredients constituting offence under Section 494 of the
Indian Penal Code do not exist. He pointed out that the
High Court
provisions contained in Section 198(1) of the
Code. Consequently, the charge framed by the Magistrate
under Section 494 I.P.C. was quashed ... person aggrieved by
an offence punishable under
[ Section 494 or section 495 ) of the
Indian Penal Code (45 of 1860) is
the wife, complain
person aggrieved by an offence punishable
under (section 494 or Section 495) of the Indian Penal Code (45 of
1860) is the wife, complaint ... Section 498A of the Indian
Penal Code. - No Court shall take cognizance of an offence punishable
under Section 498A of the Indian Penal Code
