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Prosecution Under Section 494 Ipc

The document summarizes a Supreme Court of India case from 2000 regarding Section 494 of the Indian Penal Code, which criminalizes marrying again during the lifetime of a husband or wife. The court held that under Muslim law, a second marriage can be contracted by a husband even if the first marriage is still valid, subject to religious restrictions. However, prosecution under Section 494 for a second marriage under Muslim law can only be avoided if the first marriage was also under Muslim law, not if the first marriage was under any other personal law prohibiting second marriages during the spouse's lifetime.

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59 views1 page

Prosecution Under Section 494 Ipc

The document summarizes a Supreme Court of India case from 2000 regarding Section 494 of the Indian Penal Code, which criminalizes marrying again during the lifetime of a husband or wife. The court held that under Muslim law, a second marriage can be contracted by a husband even if the first marriage is still valid, subject to religious restrictions. However, prosecution under Section 494 for a second marriage under Muslim law can only be avoided if the first marriage was also under Muslim law, not if the first marriage was under any other personal law prohibiting second marriages during the spouse's lifetime.

Uploaded by

mohit kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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SUPREME COURT OF INDIA

Lily Thomas v. Union of India, (2000) 6 SCC 224 : 2000 SCC (Cri) 1056 at page 244
CORAM: 2 JJ. HON. S.SAGHIR AHMAD
HON. R.P.SETHI

Section 494 in The Indian Penal Code


494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living,
marries in any case in which such marriage is void by reason of its taking place during the life of such
husband or wife, shall be punished with imprisonment of either description for a term which may
extend to 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
has been declared void by a Court of competent jurisdiction, nor to any person who contracts a
marriage during the life of a former husband or wife, if such husband or wife, at the time of the
subsequent marriage, shall have been continually absent from such person for the space of seven years,
and shall not have been heard of by such person as being alive within that time provided the person
contracting such subsequent marriage shall, before such marriage takes place, inform the person with
whom such marriage is contracted of the real state of facts so far as the same are within his or her
knowledge.

THE FOLLOWING HAS BEEN HELD BY THE HON’BLE SUPREME COURT OF INDIA IN CASE
OF,

Lily Thomas v. Union of India, (2000) 6 SCC 224 : 2000 SCC (Cri) 1056 at page 244, IN
RELEVANT PARA 36..

36. The position under the Mohammedan law would be different as, in spite of the first marriage, a
second marriage can be contracted by the husband, subject to such religious restrictions as have been
spelled out by brother Sethi, J. in his separate judgment, with which I concur on this point also. This is
the vital difference between Mohammedan law and other personal laws. Prosecution under Section 494
in respect of a second marriage under Mohammedan law can be avoided only if the first marriage was
also under the Mohammedan law and not if the first marriage was under any other personal law where
there was a prohibition on contracting a second marriage in the lifetime of the spouse.

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