How to prove offence of bigamy?
In a bigamy case, the second marriage as a fact, that is to say, the ceremonies constituting it, must be proved.It is therefore essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, I.P.C. applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and in due form. Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make the ceremonies prescribed by law or approved by any established custom.” in a prosecution for bigamy the second marriage has to be proved as a fact and it must also be that the necessary ceremonies proved had been performed. Another proposition laid down by this decision, which answers the second contention of the learned counsel for the appellant, is, that admission of marriage by an accused is no evidence of marriage for the purpose of proving an offence of bigamy or adultery.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. Appeal No. 51 of 2006
Date of Decision 9th May, 2013
State of H.P.
Versus
Rajinder Kumar
Citation;2013 CRLJ 4147 (HP)
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. Appeal No. 51 of 2006
Date of Decision 9th May, 2013
State of H.P.
Versus
Rajinder Kumar
Citation;2013 CRLJ 4147 (HP)
https://www.lawweb.in/2013/10/how-to-prove-offence-of-bigamy.html
