A marriage again during the lifetime of his wife. A is prosecuted. Can the offence be compounded? Whose permission is necessary?

Question: A marriage again during the lifetime of his wife. A is prosecuted. Can the offence be compounded? Whose permission is necessary? [R.J.S. 1989]

Find the answer only on Legal Bites. [A marriage again during the lifetime of his wife. A is prosecuted. Can the offence be compounded? Whose permission is necessary?]

Answer

Section 320 of the Code of Criminal Procedure lays down the provision regarding the compounding of offences.

Where a spouse is marrying again during the lifetime of a husband or wife, then under section 494 of the Indian Penal Code, the offence is compoundable by the husband or wife of the person so marrying. It implies that the consent of the victim spouse against whom the offence of bigamy is committed is necessary for the offence to be compounded against the accused spouse. In addition to this, permission from the court is also necessary. As held in Parameswari v. Vennila, (2000) 10 SCC 348, the offence is compoundable with the wife’s consent and the court’s permission.

Under Section 320(2) CrPC an offence under Section 494 IPC can be compounded only with the permission of the court before which, prosecution for such offence is pending. Under Section 320(9) CrPC, no offence can be compounded except as provided by this Section. When the permission for compounding is not the permission of the court before which a prosecution is pending, compounding of an offence is not in accordance with the provisions of Section 320 CrPC and cannot be given effect.

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