Provision

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.


Simply put

The section contemplates that the offender’s husband or wife, as the case may be, must be living and the offender must marry in any case in which such marriage is void because of the reason that it has taken place during the life of such husband or wife, as the case may be.

There is an exception attached to the section which states that this section does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction. It also does not extend to any person who contracts a marriage during the life of a former husband or wife, if at the time of the subsequent marriage such husband or wife shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within those seven years, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are known to him or her. In other words, this section is inapplicable in to two cases. First, it does not apply to a person whose marriage with such husband or wife, as the case may be, has been declared void by a competent court. Secondly, it does not apply to a person who marries when the husband or the wife, as the case may be, is alive but has been continually absent from such person for at least seven years and has not been heard of by him as being alive during that time.



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