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since 1985 practicing as advocate in both civil & criminal laws

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Sunday, October 31, 2010

BIGAMY -ADMISSION OF ACCUSED IN his counter of M.C.

SEC.494 IPC494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This Section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction,

Nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.======SO, the mere admission of second marriage by accused not sufficient to sustain conviction and complainant has to prove that accused married another person according to Hindu law during subsistence of first marriage - 2009 [2] ALD Cri. AP 450 229. Conviction on plea of guilty.—If the accused pleads guilty; the Judge shall record the plea and may, in his discretion, convict him thereon. THIS SECTION OF CRIMINAL PROCEDURE CODE NOT APPLY AS THE ACCUSED NOT ADMITTED DIRECTLY WHILE ANSWERING THE CHARGE . THE ALLEGED ADMISSION BY WAY OF COUNTER IN M.C., IS NOT AND NOT AT ALL BE CONSIDERED AS PLEADED GUILTY UNDER SEC.229 OF Cr.P.C.- HOPE THAT THE DOUBTS ARE CLEARED.