What is Section 495 IPC Same offence with concealment of former marriage from person with whom subsequent marriage is contracted?
Published on: Lawiz Team
Learn about Section 495 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 495 punishes anyone who marries again during the lifetime of their spouse while concealing the fact of their existing marriage from the person they marry.
Purpose
To protect individuals from being deceived into a marriage by someone who is already legally married.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Key Elements
1. The accused must be already married. 2. They must conceal this fact from the person they marry again. 3. The second marriage must take place without the other person's knowledge of the first marriage.
Punishment Details
Imprisonment of either description for a term which may extend to ten years, and a fine.
Illustrative Example
If a married man marries another woman without telling her about his first wife, he is punishable under Section 495.
Legal Defenses
If the accused can prove that the second spouse was aware of the first marriage, they may be acquitted.
Related Sections
Related to Section 494 (Marrying again during lifetime of spouse).
Important Note
This section is an aggravated form of Section 494 due to concealment.
FAQs
What does Section 495 IPC define?
Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
How is 'Same offence with concealment of former marriage from person with whom subsequent marriage is contracted' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 495 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 495?
Examples include real-life cases involving same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
Is Section 495 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 495 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 495 significant?
It holds importance in the framework of criminal law.