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R Muralidharan (Accounts Consultant)     07 September 2008

Attempt to commit begamy

A person has created a profile in a matrimonial website posing himself as  "divorced" whereas in fact he is not a divorcee

The querry is wheter the above said act attracts Sec 511 of the IPC to commit an offnce u/s 494 (bigamy)

If so

whether the parent of the girl file a complaint

whether such compl;aint can be lodged in the place where the marriage was solemnised



Learning

 18 Replies

N.K.Assumi (Advocate)     07 September 2008

I dont think that offence of bigamy can be charge like terrorist act where a person can be detained before he commit an act. Well my friend, your case neither falls under adultery or even bigamy, but you have certainly raised a very interesting and relevant question. Let me ponder over the matter and give you my opinion, in the mean time I hope the Hon'ble members of this forum will join you soon.

R Muralidharan (Accounts Consultant)     07 September 2008

Thanks for your response


Let me clarify the position.  Sec 511 deals with atempt to commit offenes punishable uder the IPC provisions.


Bigamy is an offence under Sec 494 and the cocerned person is attempting to commit the offence by making a false declaration in the website posing himself as a divorced person.


By creating a profile in the website calling for alliances for marriage when the first is marriage is in vogue amounts to attempt to commit bigamy even if false declaration as "divorced" is not taken into account 


Pl clarify on this stance

N.K.Assumi (Advocate)     07 September 2008

can you please let me also know under what law the marriage was solemnized?

R Muralidharan (Accounts Consultant)     07 September 2008

The marriage was solemnised under Hindu Law in Bangalore and registered with the Registrar of Marriages in the Municpal Corporation in Vashi later.

Vijay Kumar (Advocate)     07 September 2008

Sir, by creating profile, the person has not committed an offence u/s 494 read with 511 IPC. But he may be held liable for prosecution for the offence of "attempt to cheat" the website readers who might believe his word. In fact, his offence falls u/s 420 read with 511 IPC. Regards.

N.K.Assumi (Advocate)     08 September 2008

profile on the internet itself can not amount to bigamy under 494 of the IPC. Assuming that some one from the blues appears with a marriage certificate with the girl, will that amount to bigamy? Hindu law has its own manner of solemnization of marriage and simply creating a profile on the internet would not amount to bigamy.

R Muralidharan (Accounts Consultant)     08 September 2008

Marriage properly solemnised as per Hindu rites.  After completing the process of marriage the ame registered with the Registrar of Marriages.


It is not like some girl coming up with the marriage certificate.

N.K.Assumi (Advocate)     08 September 2008

No Sir.Murlidharan, what I mean is that offence of Bigamy will arise only when there is a valid marriage and is proved by evidence not by simple words or like your present case.

R Muralidharan (Accounts Consultant)     08 September 2008

Sir I do agree with your view on the offence which will not take place unless the action is completed.
My point is there is an attempt for bigamy and whether that will attract Sec 511 as an attempt to commit the offence of bigamy by caling for alliances when the first marriage is in vogue

N.K.Assumi (Advocate)     08 September 2008

Sir, Judging by your predicament, I suggest you go for declaration in the court declaring that the man is the husband of the girl. So that public at large will know that the man is actually the husband of the girl. This is the only best way for the girl in my humble opinion, and not through the process of the criminal court.

R Muralidharan (Accounts Consultant)     08 September 2008

Thanks for your respose


Kindly examine the position as to Sec 416 read with Sec 511 and advise

Rajesh Kumar (Advocate)     09 September 2008

Well, we need to examine the terms "intention", "preparation", attempt and act.
Intention is never punishable.
Peparation is punishable in a few cases, like preparation to wage war against the state.
Attempt is always punishable, under Section 511 of IPC read with the relevant section.
We say an attempt to commit offence is made only when an act has been made by the accused so that without intervention of something else (not in hand of accused), the offence will be committed.
Putting a profile on the website, at best be called preparation- even this is an early stage. If he receives proposal- still no attempt. If he accepts a proposal, still no attempt. If he books a wedding venue- still no attempt. Because in all these acts, the accused can always change his mind and no offence will be committed.
However, if he is sitting for saptapadi, and some brahmin is chanting mantra- and at that point of time police intervenes and arrest him- probably attemot has been made.
Attempt is always a question of degree- with better arguments you can slightly push it backward or forward. But any all circumstances, what you say is can never be an attempt.

N.K.Assumi (Advocate)     09 September 2008

In addition to Rajesh, i must add that draging criminal machinery in the family matter is not  encouraged: Tanx for the plesant discourse.

R Muralidharan (Accounts Consultant)     09 September 2008

Sir


Thanks for a detailed response


I do agree with your views and I am just probing the issue before taking any action. Your views have brought me to the sense of defence for the other side and prepare me for opening other avenues


 


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