Bigamy -- Proof of Valid Second Marriage Essential to Attract Section 494 IPC -- Cohabitation or Live-In Relationship Insufficient to Constitute Bigamy
Prosecution for bigamy under Section 494 IPC requires proof of a valid second marriage contracted during the subsistence of the first marriage. Mere cohabitation or a live-in relationship does not constitute marriage for the purpose of Section 494 IPC. Only the erring spouse can be prosecuted for bigamy; relatives or third parties, even if alleged supporters, cannot be arraigned. Provisions of abetment under Section 109 IPC and common intention under Section 34 IPC cannot be invoked to extend liability beyond the spouse contracting the second marriage-- Cognizance of Bigamy Offence Without Disclosure of When or Where Second Marriage Occurred Amounts to Abuse of Process
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