38.6c New Delhi, India, Thursday, October 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Imprisonment till rising of court not proper sentence for serious offence of bigamy: SC [Read Judgement]

By Jhanak Sharma      17 July, 2024 10:00 AM      0 Comments
Imprisonment till rising of court not proper sentence for serious offence of bigamy SC

NEW DELHI: The Supreme Court has said imprisonment till rising of the court can be imposed for offences wherein no minimum sentence has been prescribed, however, it would not be a proper punishment in case of bigamy, considered as a serious offence.

A bench of Justices C T Ravikumar and Sanjay Kumar said imposition of sentences on offenders must be commensurate with the gravity of the offence as it is not to satisfy the society but it is about the rule of proportionality to promote orderliness.

"In the matter of awarding sentence for conviction of an offence which may impact the society, it is not advisable to let off an accused after conviction with a flea-bite sentence," the bench said.

In the case, the court sentenced a woman and her second husband to six months in jail each for committing bigamy.

Also Read: Can second spouse or their family be sued for bigamy under law? Karnataka HC explains [Read Order]

The issue before the court arose out of a challenge to the validity of the Madras High Court's order, which sentenced the couple to the rising of the court only.

In view of legal provision, the bench said, "The proviso to Section 418(1), CrPC, together with the penal provision under Section 494 IPC, prescribing no minimum imprisonment, but only the maximum, would definitely make imposition of ‘imprisonment till the rising of the court’ intra vires."

However, in the instant case, the bench said the punishment was "unconscionably lenient or a flea-bite sentence”.

In July 15 judgment, the bench said it is the solemn duty of the court to strike a proper balance awarding a sentence proportionate to the gravity of the offence committed by the accused concerned upon his conviction for serious offence.

The court pointed a reading of the provisions would reveal that the legislature viewed the offence of bigamy as a serious offence.

Also Read: Madras HC Upholds Defense of Customary Divorce as Valid in Departmental Proceedings for Bigamy

"Though no minimum sentence is prescribed under Section 494 IPC, the maximum sentence of imprisonment prescribed thereunder for a conviction thereunder is seven years of imprisonment of either description. It is also to be noted that the said offence is compoundable only by the husband or wife of the person marrying with the permission of the Court," the bench said.

In the instant case, the bench, keeping in view of the fact that the couple had a six-year-old child, took a rather compassionate view and adopted a unique form of sentencing for the couple, to ensure that one parent remained with the child while the other is sent behind the bars.

The court ordered the second husband to first surrender to serve his six-month sentence and after the completion of his sentence, the woman is to surrender within two weeks to serve her six-month jail. The bench clarified that this arrangement shall not be treated as a precedent as it was ordered in special circumstances.

 

[Read Judgement]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS


TOP STORIES

father-of-deceased-pilot-in-ahmedabad-crash-moves-sc-for-court-monitored-probe
Trending Judiciary
Father of deceased pilot in Ahmedabad crash moves SC for court monitored probe

91-year-old father of pilot killed in Ahmedabad Air India crash moves SC seeking court-monitored probe into alleged biased and flawed investigation.

17 October, 2025 10:54 AM
child-cant-consent-to-sex-life-imprisonment-upheld-for-sexual-assault-on-minor-girl-madras-hc
Trending Judiciary
Child Can’t Consent to Sex — Life Imprisonment Upheld for Sexual Assault on Minor Girl: Madras HC [Read Judgment]

Madras HC upholds life imprisonment for assault on minor SC girl, reiterating that a child cannot consent to sex; school records key for age proof.

17 October, 2025 11:45 AM
sc-criticizes-casual-declaration-of-witnesses-as-hostile-upholds-conviction-under-sc-st-act
Trending Judiciary
SC Criticizes Casual Declaration of Witnesses as Hostile, Upholds Conviction under SC/ST Act [Read Judgment]

Supreme Court slams casual practice of declaring witnesses hostile; upholds life imprisonment in SC/ST Act case involving rape of minor girl.

17 October, 2025 11:55 AM
delhi-hc-quashes-22-year-old-complaint-against-advocate-reiterates-that-a-lawyers-office-is-not-a-commercial-activity
Trending Judiciary
Delhi HC Quashes 22-Year Old Complaint Against Advocate, Reiterates That A Lawyer’s Office Is Not A Commercial Activity [Read Judgment]

Delhi HC quashes 22-year-old complaint against advocate, rules that a lawyer’s office is not a commercial activity under MDP 2001 and Building Bye-Laws.

17 October, 2025 01:42 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email