Karnataka High Court Observed: Bigamy - A Continuing Offence And Wife’s Consent For Second Marriage Is Immaterial

The Karnataka High Court has observed that bigamy U/S. 494 of Indian Penal Code is a continuing offence and consent of the wife for subsequent marriage will become immaterial for consideration of the offence.

The Single Bench of Justice M. Nagaprasanna made this observation while dismissing a plea filed by a 76-year-old man and his third wife who sought quashing of criminal proceedings.

In this case, the 1st petitioner and respondent got married in 1968 and submitted that the 1st petitioner with consent from respondent married her sister (Savitramma). It was further stated that the petitioner got married again in 1993 with 2^nd petitioner with permission from the first and second wives.

It was further stated 1st the petitioner’s property was equally divided amongst all wives and this shows everyone was aware of the marriage and the arrangement.

However, in 2018 the respondent filed a private complaint invoking Section 200 Criminal Procedure Code for the alleged offence of bigamy U/S. 494 Indian Penal Code and also filed domestic violence complaint.

After the Magistrate issued summons to the petitioner U/S. 204 after the order-taking the cognizance.

Aggrieved, the petitioner moved the High Court challenging the Magistrate’s act of taking cognizance against him.

The High Court relied on the Supreme Court’s ruling in the State of Bihar VS. Deokaran Nenshi & Another wherein it was ruled that a continuing offence is one that is susceptible to continuance and is distinguishable from an offence this is committee once and for all.

While referring to the case at hand, the court noted that all the marriages of petitioners took place during the first marriage and wives were also aware of the arrangement so the proceedings will have to be continued against them.

The court further said that other friends and family of the petitioners cannot be dragged into the case and urged the main parties of the case to resolve the issue amongst themselves.

Title: Anand C & Others VS. Chandrama

Case No.: Criminal Petition No. 9849 of 2021.