Second Wife of Husband Cannot Be Prosecuted for Bigamy u/s 494 IPC : Chhattisgarh High Court

The Chhattisgarh High Court ruled that a second wife, single at the time of marriage, cannot be prosecuted for bigamy under Section 494 IPC. The law holds only the spouse in a subsisting marriage liable.

The case arose after a first wife discovered her husband’s second marriage and filed a complaint. Despite repeated legal challenges, the second wife’s plea for relief was denied until the High Court quashed the case.

The court clarified that bigamy laws target the legally married individual, not an unaware second spouse, reinforcing that liability rests solely with the married party and not an innocent party.