IPC Section 495 - Same Offence With Concealment of Former Marriage From Person With Whom Subsequent Marriage Is Contracted

The Indian Penal Code, 1860 (hereinafter referred to as “IPC”) governs offences in India. Among the innumerable provisions that relate to marital offences, Section 495 of IPC enunciates a very specific case which addresses the question of concealing a previous marriage from a person with whom a subsequent marriage has been contracted. Section 495 of the IPC is part of a comprehensive provision of Section 494 of IPC. Section 494 primarily deals with the offence of bigamy. Section 495 aims at maintaining transparency in matrimonial ties and penalises the concealed act of having married before while acknowledging the breach of trust and the potential harm that it has caused to the unaware spouse.

Legal Provision of IPC Section 495

Section 495- Same offence with concealment of former marriage from person with whom subsequent marriage is contracted—

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.

Ingredients of IPC Section 495: Concealment and Intent

Section 495 provides that every person who marries for the second time without revealing his or her previous marital status to his or her spouse is subject to criminal punishment. This offence is regarded as graver than mere bigamy under Section 494 since there is an added element of deceit.

For a conviction under Section 495, the following ingredients must be satisfied:

• Previous Marriage: That the accused was lawfully married to someone else at the time of contracting the subsequent marriage.

• Second Marriage: That the accused contracted a second marriage during subsistence of their first marriage.

• Concealment of the Previous Marriage: That the accused had wilfully concealed the existence of the first marriage from the new spouse.

• Intent to Deceive: Concealment must be done knowingly. In other words, the accused must have hidden their marital status from their new spouse.

These considerations bring out the fact that Section 495 is based upon an offence of dishonesty and breach of trust. An intention to deceive is essentially the sine qua non in proving the offence under Section 495. 

Punishment Under IPC Section 495

Any person convicted of the offence covered under Section 495 is liable to imprisonment of either description for a term up to 10 years and shall also be liable to fine. The sentence would depend on the degree of the fraud committed, the impact on the spouse, and other circumstances surrounding the marriage.

Key Details of IPC Section 495

Legal Analysis and Interpretation of IPC Section 495

• Section 495 vs. Section 494: Section 494 of IPC prohibits marrying another individual when the former marriage subsists. However, Section 495 provides an additional layer of deceit as it deals with the situation wherein the second marriage is contracted without declaring previous marriage. Therefore, Section 495 is a hybrid offence, comprising both the elements of bigamy and fraudulent non-disclosure.

• Mens Rea (Intent) and Actus Reus (Act): For an offence under Section 495 of the IPC, mens rea is satisfied through the willful concealment of the earlier marriage. The actus reus is met through contracting the latter marriage under this very concealment. This two-fold requirement of both intent and act reminds one of the strict approach of the law towards offenders who attempt to deceive others about their marriages.

• Importance of Consent and Good Faith: The central concept underlying the IPC Section 495 is a lack of informed consent due to concealment. Given that the act of entering into a marital relationship as per law rests upon mutual trust and transparency between two individuals, concealment of the existence of a marriage negates the good faith in which ideally it ought to be contracted under and, thus, negates the marital bond itself.

• Application of Section 495 in Civil and Criminal Cases: While the IPC Section 495 is a criminal provision, such an offence of concealing previous marriages often ends up within civil divorce and annulment cases. Civil Courts can declare null and void a marriage because of fraudulent concealment, whereas in criminal cases, the offended spouse has to file for a criminal complaint that can lead to punishment in Section 495.

Landmark Judgements on IPC Section 495

Lily Thomas, Etc. vs. Union Of India & Ors. (2000)

In this case, the Court discussed the applicability of Sections 494 and 495 of the IPC in relation to bigamy, especially when a party converts to Islam. The Court held the following:

• The Court held that Section 17 of the Hindu Marriage Act impliedly incorporates Sections 494 and 495 of the IPC, which create an offence of bigamy.

• It implies that a second marriage solemnised by a Hindu during the subsistence of the first marriage is indeed a criminal offence.

• This will also be applicable if the husband converted to another religion, for example, converts to Islam, before performing the second marriage.

• Section 198 of the CrPC specifies who can file a complaint for offences under Chapter XX of the IPC, which includes bigamy as specified under Section 494 of IPC.

A.Subash Babu vs. State Of A.P.& Anr (2011)

In this case, the Court held that Section 495 of the IPC deals with the case of subsequent marriage without disclosure of a prior existing marriage and, therefore, is a more aggravated form of bigamy as envisaged under Section 494 of IPC. The Court reasoned that an act of concealment of previous marriage from a person with whom subsequent marriage is contracted amounts to fraud and it calls for more severe punishment.

The Court further held that because Section 495 of IPC is basically an extension of Section 494, the person with whom the subsequent marriage is contracted after a previous marriage was concealed is entitled to file a complaint for the violation of Section 495. This ruling clarifies that a second wife can initiate legal action against a husband who concealed a previous marriage.

The State of Maharashtra vs. Satish V. Pabalkar (2020)

The Court in this case held that a woman who marries again with a man who concealed his earlier marriage is allowed to lodge a complaint under Section 495 of the IPC. According to the Court, Section 495 is an addition to Section 494 and part and parcel of it.

The following points were highlighted by the Court:

• Section 495 of IPC is the aggravated form of bigamy as defined by Section 494. Here, he conceals the previous marriage from the person with whom the subsequent marriage is solemnised. This concealment of the previous marriage aggravates the offence. 

• Section 495 clearly holds that the concealment has to be from the woman with whom the subsequent marriage is performed. Therefore, she is entitled to lodge her complaint for the offence as defined by Section 495.

• If a woman can bring a complaint under Section 495 for a concealed prior marriage, there is no reason why she cannot bring a complaint under Section 494, especially when it is considered that Section 495 is an extension of Section 494 of IPC.

The Court relies on a judgement of the Supreme Court in A. Subash Babu Vs. State of Andhra Pradesh & Anr. for interpreting Section 495 of IPC.

Musstt Rehana Begum vs. The State Of Assam (2022)

In this case, the Court concluded that it would amount to abuse of process for it to continue pursuing the criminal proceeding for the offence under Section 495 of the IPC in the said case. This decision followed a conclusive finding made by the Principal Judge of the Family Court establishing, as a matter of finality, that at the time the appellant married the second respondent, the appellant had no subsisting prior marriage. This was the central point in the accusation brought under Section 495 of the IPC.

• The Court observed that it was inappropriate to let the criminal case proceed when this is in the light of a judgement already made in the Family Court. The Court drew a distinction between relying on this kind of conclusive judgement and defending upon evidentiary materials, such as a report of an investigation, which are meant for evaluation by the Trial Court.

• To support this position, the Court refers to a comparable case of P S Rajya vs. State of Bihar, where an FIR under the Prevention of Corruption Act 1947 was quashed. In this case, the Court acknowledged a prior departmental proceeding wherein the accused was exonerated based on the findings from the Central Vigilance Commission and the Union Public Service Commission.

Lastly, the Court decided to quash the criminal complaint under Section 495 of the IPC by holding that there would be an abuse of process. They pointed out that the judgement of the Family Court would be binding on the subject matter of the subsisting prior marriage.

Defence and Limitations Under Section 495

The defendants in a case filed under Section 495 of IPC case can take the following defences:

• Lack of Ignorance: The defendant may plead ignorance of the existence of the earlier marriage, although this would involve considerable proof.

• Void or Voidable Marriage: If the first marriage was void or voidable under the law, then the second marriage need not technically come within the description of bigamy. As such, Section 495 would be inapplicable.

• Absence of Concealment: If the first marriage was disclosed and the subsequent spouse entered the marriage with full knowledge, Section 495 may not apply.

Social and Ethical Implications Related to IPC Section 495

Section 495 of IPC reflects major questions related to ethical and legal principles relating to marriage and personal relationships in India. In this regard, Section 495 focuses on transparency and honesty in marital life. As Indian society develops a sense of the rights of the individual within marriage, this Section holds liable persons who attempt to deceive others in such personal matters.

Section 495 of IPC further upholds the dignity and autonomy of the wronged spouse holding the individual liable for fraudulent acts. Where marriage, aside from being a legal agreement, is also a social and cultural commitment, laws like Section 495 reassert the importance of trust, respect, and integrity in a marital relationship.

Conclusion

Section 495 of the Indian Penal Code, 1860 strengthens honesty in the institution of marriage by criminalising the act of concealing a previous marriage. This provision offers legal remedies to wronged spouses in marital relationships. It highlights the importance of transparency and mutual respect in a marital relationship. Strict punishment against fraudulent marital practices under Section 495 of IPC acts as deterrence against fraudulent marital practices. It aids in upholding the ethical values of marriage.  

Key Takeaways

• Section 495 is an extension of Section 494 and deals specifically with cases where an individual conceals a former marriage when entering a subsequent one.

• The punishment includes imprisonment of either description upto ten years along with fines.

• Under Section 495, the distinguishing factor is on deliberate concealment and deception.

• The principle behind Section 495 of IPC ensures that transparency in a marital relation must follow, as concealment amounts to violating the trust.

• Section 495 of the IPC provides a legal framework that protects individuals who initiate marriages with good intentions.

• Section 495 of IPC contributes to the overall legal and social ethos about the sanctity of marriage in India.