LI Network
Published on: November 03, 2023 at 19:31 IST
The Karnataka High Court has clarified that the offense of bigamy under Sections 494, 495, and 496 of the Indian Penal Code (IPC) can only be pursued against the erring spouse, and family members or extended family members of the erring spouse cannot be prosecuted for the same offense.
In a case involving the prosecution of a husband and his family members for bigamy and related charges, the court stated that these specific offenses can only be pursued by a spouse against their erring spouse. Therefore, it is unwarranted to prosecute other family members for offenses punishable under Sections 494, 495, or 496 of the IPC.
The court granted the prosecution the liberty to prosecute the other accused if a charge sheet was filed against the husband and if affirmative evidence of their involvement was presented during the trial.
The court also examined the evidence provided in the complaint and found it insufficient to involve the other accused in charges related to cruelty and cheating at this stage. The court reserved the option to involve the other accused in the future, if warranted, based on the evidence presented during the trial.
This decision was reached in response to a petition filed by Srinivas Sagar, whose family members were charged under various sections of the IPC related to bigamy, concealing prior marriage, cruelty, and cheating.
The case was initially filed as a result of the husband’s alleged bigamy and financial matters related to property purchases. The court clarified that while bigamy offenses can be pursued against the husband, family members should not be prosecuted for these specific offenses.
The court emphasized that the determination of whether the husband had disclosed his marital status before the marriage is a matter that must be established before the trial court.
