1984 CRI. L. J. 317 ::(1984) 1 CriLC 208 ::(1984) Ker LT 51 ::(1983) Ker LJ 750 ::ILR(ker) 1984 (1) KER 785

Kerala High Court

Hon'ble Judge(s): U. L. Bhat , J

Penal Code (45 of 1860) , S.494— Offence under, requires mens rea - Accused contracting second marriage under bona fide belief that his First marriage has been put to an end - He is entitled to acquittal. Mens rea, that is, guilty knowledge is a necessary ingredient of the offence under Section 494 I.P.C. Where the accused, when he contracts the second marriage acts on the bona fide belief that his marital tie with the previous spouse has been severed under the deed of divorce entered into between the parties, he is entitled to acquittal of the charge under Section 494, I.P.C.(Para 9 10) Generally speaking, the offences in the Indian Penal Code involve a degree of mens rea such as intention, knowledge, recklessness or the like. If the particular provision specifically refers to mens rea, the matter is put beyond doubt. Even where the particular provision does not take in any words specifically indicative of mens rea, the scheme of the provision and the words used in the provision might imply the requirement of mens rea. Section 494. I.P.C. makes it clear that the second marriage must be contracted by a person having a husband or wife, living. In other words, he must have a spouse and the spouse must be living, that is, the person living must have the status of a spouse. There may be circumstances where a pe....