Penal Code, 1860 – Section 498A – Husband – Void marriage – Suppression of subsisting first marriage – Whether accused can avoid prosecution by pleading that second marriage is void – Held, No.

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Penal Code, 1860 – Section 498A – Husband – Void marriage – Suppression of subsisting first marriage – Whether accused can avoid prosecution by pleading that second marriage is void – Held, No.

Question of Law

Whether a man who suppresses his subsisting first marriage, induces a woman into a void marriage and thereafter subjects her to cruelty can avoid prosecution under Section 498A IPC on the ground that the second marriage is void in law.

Held – No.

The expression "husband" occurring in Section 498A IPC cannot be construed in a narrow technical sense so as to defeat the object of the provision. A man who deceives a woman into a marital relationship by concealing his earlier subsisting marriage cannot escape criminal liability by relying upon the invalidity of the very marriage brought about by his own fraud. Section 498A extends to void or voidable marriages and relationships in the nature of marriage, provided the ingredients of cruelty are otherwise established.

Ratio Decidendi

• A beneficial penal provision enacted to suppress social evil must receive a purposive interpretation.
• The accused cannot be permitted to take advantage of his own wrong by pleading that the marriage is void because of his own suppression of the earlier marriage.
• The expression "husband" in Section 498A is not confined to a legally valid marriage but extends to void, voidable and relationship-in-the-nature-of-marriage cases where cruelty is alleged. 

Karnataka High Court

Dr Lokesh B H vs The State Of Karnataka on 18 November, 2025