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(Guest)

Provision for ipc 495

I have been cheated by a person who was already married and promised to marry me. Later, i found out that the person was already married, but I didn`t get married to that person. I would like to file a criminal case under the provisions of the IPC section 495 which states that "Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.-- Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine". The term "contracted" in the above section needs to be clarified whether marriage should have been solemnized or just the mere promise of marriage can invoke the provisions of this section. Please reply as a priority.


Also, can IPC section 494 & 495 read with section 511 be invoked in this case? If yes, will the trial be held exclusively in the Court of Session?



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 3 Replies

adv.raghavan (Advocate,9444674980)     19 December 2013

i am afraid whether 494 and 495 apply for this, u can try 417,493 along with 511 of IPC. It will be tried in JMC.


(Guest)

Section 493 will not be applicable as I am a male. The case is already registered with 420/406/120B/34 and cognizance has been taken by the JM. I want to know whether IPC section 494 & 495 read with 511 can be invoked in this case.

adv.raghavan (Advocate,9444674980)     20 December 2013

494 and 495 is negative, 511 will stand the test.


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