Jurisdiction in cases of bigamy
sridhar pasumarthy
(Querist) 06 November 2011
This query is : Resolved
Respected Experts,
Could you please tell me about the territorial jurisdiction in cases of bigamy i.e. U/S 494 of I.P.C.
adv. rajeev ( rajoo )
(Expert) 07 November 2011
where the petitioner is residing is the jurisdiction of the court
Shonee Kapoor
(Expert) 07 November 2011
I disagree, where the petitioner was residing at the time of commission of bigamy or where the second marriage was solemnized would be the jurisdiction of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 07 November 2011
Any offence relates to place of commission.
Then it should at place where it is committed.
As bigamy is an offence i am not preferring to write that where second marriage was solemnized .
Arun Kumar Bhagat
(Expert) 07 November 2011
Sec.181 (2) Cr.P.C is bestowed with power to determine the jurisdiction for offence punishable u/s 494 & 495 of the Indian Penal Code. According to this section:-
1. The Court within whose local jurisdiction the offence was committed. or
2. The Offender last resided with her or his spouse by the first marriage. or
3. The wife by the first marriage has taken up permanent residence after the commission of the offence.
sridhar pasumarthy
(Querist) 07 November 2011
Bhagat Sir,
I have gone through Sec 181(2) of Cr.P.C.
But the said provision is like this :
"(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detain."
It appears that this provision does not relate to cases of bigamy.
Arun Kumar Bhagat
(Expert) 07 November 2011
Sorry it should be 182(2) not 181(2)Cr.P.C.
Sailesh Kumar Shah
(Expert) 07 November 2011
yes, it shall.extract of 182(2):-
"Any offence punishable under section 494 or section 495 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last
resided with his or her spouse by the first marriage or the wife by the first marriage has taken up permanent residence after the commission of the offence."
