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  • Differentiating between Bigamy and Adultery under Indian Law

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Differentiating between Bigamy and Adultery under Indian Law

Jobee Paul
Jobee Paul
  • Apr 15, 2023
  • 9 min to read
Differentiating between Bigamy and Adultery under Indian Law Paul

Bigamy and adultery are two of the most common offenses in India, governed by different laws and having different implications. Bigamy is a criminal act, while adultery is not. Although both are serious offenses, the consequences of each vary greatly. Bigamy is defined in India as the act of marrying someone while still legally married to another. It is a crime in India, punishable by up to seven years in prison and a fine. The Indian Penal Code (IPC) states that any man who has a husband or wife living and still marries another person commits bigamy. The punishment for bigamy is even more severe if the person committing the offence is a government servant. The punishment also increases if the person has been previously convicted of bigamy. Adultery, on the other hand, is not a criminal offence in India. Adultery is defined as a voluntary sexual relationship between a married person and someone other than their spouse. It is considered a moral offence rather than a criminal one. However, a spouse can file for divorce on the grounds of adultery. In addition, a person found guilty of adultery can be charged with criminal offence of cruelty or desertion. The punishment for bigamy is much more severe than for adultery in India. Bigamy is a criminal offence and carries a prison sentence of up to seven years, while adultery is considered a civil offence and carries no prison time. Bigamy is also considered a more serious offence in India because it is seen as a form of fraud, as it requires deceiving one’s spouse in order to marry someone else. Adultery is seen as a moral offence in India and is punished with social stigma and ostracism. The traditional view of adultery in India is that it is a sin and a form of betrayal. However, in modern times, adultery is seen as more of a private matter and is rarely prosecuted in court. While both bigamy and adultery are serious offences in India, they are treated differently under the law. Bigamy is a criminal offence and carries a prison sentence of up to seven years, while adultery is a civil offence and carries no prison time. Bigamy is also seen as a more serious offence in India as it involves deceiving one’s spouse in order to marry someone else. On the other hand, adultery is seen as a moral offence and is punished with social stigma and ostracism.

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Jobee Paul
Jobee Paul

Firm founder Jobee Paul is a practicing advocate and has several years of legal experience in Criminal, Civil, Commercial, Family Laws , Corporate, Real estate, Employment ,Consumer laws, Bail matters, NDPS Drugs cases, Adoption, Registration, Accident claims, Police matters, Agreements, Divorce , Contracts & Legal Documentation / Agreements, Divorce, child custody, Cheque Bounce,

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February 14, 2019

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