Same offence with concealment of former marriage from person with whom subsequent marriage is contracted – Section 495 of IPC:
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.
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Ingredients of offence:
The basic ingredient of an offence under this section is concealment of the fact of the earlier marriage—1979 Cr LJ (NOC) 202. Mere spectators witnessing the second marriage cannot be held guilty of abetment of the offence under this section.
The essential ingredients of the offence under Section 495 are as follows:
(1) The accused had already been married to some person;
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(2) The marriage was a valid one;
(3) The spouse was alive;
(4) The accused married another person performing all the required essential ceremonies prescribed by law;
(5) The accused had prior to contracting the second marriage concealed the fact of previous marriage from the newly married person.