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What is IPC Section 495: Same offense with concealment of former marriage from person with whom subsequent marriage is contracted.

  • Description: Section 495 of the Indian Penal Code (IPC) deals with the offense of contracting a subsequent marriage while concealing a former marriage from the person with whom the subsequent marriage is being contracted. This section aims to prevent individuals from deceiving others by entering into a marriage without disclosing their previous marital status.
  • Offense: The offense under Section 495 involves intentionally concealing a former marriage from the person with whom a subsequent marriage is being contracted. The accused person knowingly enters into a subsequent marriage without disclosing their existing marital status.
  • Example: For instance, if a person who is already married enters into a second marriage without informing their new spouse about their existing marriage, they would be committing an offense under Section 495 of the IPC.
  • Cognizance: This offense is a non-cognizable offense, which means that the police cannot arrest the accused person without a warrant. A complaint by the affected party or a person authorized by them is required for the police to take action.
  • Is it bailable or not: Section 495 is a bailable offense. The accused person can apply for bail and be released from custody during the trial, provided they meet the conditions set by the court.
  • Trial by which level of court: The trial for the offense under Section 495 is conducted by the Magistrate Court. The specific level of the Magistrate Court may depend on the severity of the offense and the jurisdiction.
  • Quantum of punishment: If a person is found guilty under Section 495, the punishment can extend up to 10 years of imprisonment and a fine. However, the specific punishment may vary depending on the circumstances of the case and the discretion of the court.
  • In conclusion, Section 495 of the IPC addresses the offense of contracting a subsequent marriage while concealing a former marriage. It is a non-cognizable and bailable offense, tried by the Magistrate Court, and can result in imprisonment for up to 10 years along with a fine. This provision aims to discourage deceitful behavior and ensure the disclosure of previous marriages in subsequent marriages.
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