Conviction Reinstated with Three-Year Imprisonment and Fine for Concealing First Marriage
In a significant judgment, the Calcutta High Court has overturned the acquittal of Sri Jibananda Chatterjee and convicted him for the offense of bigamy under Section 495 of the Indian Penal Code. The Division Bench comprising Justices Rajasekhar Mantha and Ananya Bandyopadhyay found that Chatterjee, aged over 75, concealed his first marriage to Manabi Roy from his second wife, Smt. Shasthi Chatterjee, inducing her into a marital relationship.
The judgment, dated July 10, 2026, comes as a correction to the Trial Court's acquittal based on a hyper-technical approach. The High Court criticized the Trial Court for not accepting the marriage certificate as sufficient proof of the first marriage under the Special Marriage Act, despite corroborative evidence from departmental proceedings and witness testimonies.
The High Court acknowledged that the complainant, Smt. Shasthi Chatterjee, faced social and emotional hurdles, explaining the delay in filing her complaint. It emphasized that the limitation for filing complaints under Section 495 does not negate the offense, thus justifying the delay.
The Bench imposed a sentence of three years simple imprisonment and a fine of Rs. 1,00,000 to be paid to the second wife as compensation. In default of the fine payment, an additional one-year imprisonment will ensue.
The judgment marks a significant stance against bigamy and reinforces the legal provisions protecting marriage sanctity under Indian law.
Bottom line:-
Section 495 IPC - Conviction for bigamy upheld - Proof of first marriage and concealment from the second spouse established - Hyper technical approach of the Trial Court criticized - Acquittal set aside, accused sentenced to 3 years simple imprisonment and fine of Rs. 1,00,000.
Statutory provision(s): Section 495 IPC, Indian Evidence Act, 1872, Section 468 CrPC, Section 200 CrPC, Section 313 CrPC
Smt. Shasthi Chatterjee v. Sri Jibananda Chatterjee, (Calcutta)(DB) : Law Finder Doc id # 2938128
