Priya Bala Ghosh v. Suresh Chandra Ghosh (AIR 1971 SC 1153)

Quick Summary

The Supreme Court held that for a charge of bigamy (IPC 494), the prosecution must prove that the second marriage was solemnized—that is, performed with the essential ceremonies required by the parties’ custom. Where the custom includes homa and saptapadi, absence of these ceremonies means no valid second marriage in law. A mere admission by the accused is not sufficient for conviction.

Issues

• Must performance of essential ceremonies be specifically proved to convict under Section 494 IPC?

Rules

• HMA Section 7(1): A Hindu marriage may be solemnized per the customary rites and ceremonies of either party.
• HMA Section 7(2): If saptapadi is part of those rites, the marriage becomes complete and binding on taking the seventh step.
• ‘Solemnized’ = ceremonies + due form: As explained in Bhaurao Shankar Lokhande, proper ceremonies are essential to constitute marriage for IPC 494.

Arguments — Appellant vs Respondent

Judgment

• Supreme Court affirmed acquittal under IPC 494.
• Relied on Bhaurao Shankar Lokhande: without proper ceremonies, there is no “solemnization”.
• Where the parties’ custom needs homa and saptapadi, absence of these means no second marriage in law.
• Mere admission by the accused that he contracted a second marriage is not enough for conviction.

Ratio Decidendi

Essential ceremonies are the core of proof. For IPC 494, prosecution must show the second marriage was performed with due form under the parties’ custom; otherwise the offence of bigamy is not made out.

Why It Matters

The case sets a clear evidentiary standard in bigamy prosecutions. Courts will not convict without concrete proof of essential Hindu rites; broad claims or admissions will not do.

Key Takeaways

• For IPC 494, prove solemnization with essential ceremonies.
• HMA s.7: Custom governs; if saptapadi applies, it completes marriage at step seven.
• Admissions ≠ proof of ceremonies.

Mnemonic + 3-Step Hook

Mnemonic: “RITE = RIGHT” — No RITE, no RIGHT to convict.

1. Custom? Identify required rites (e.g., homa, saptapadi).
2. Proof? Get specific evidence of performance.
3. Charge? Without rites, no IPC 494 conviction.

IRAC Outline

Glossary

Solemnization

Celebration of marriage with the ceremonies required by custom or law.

Homa

Sacred fire ritual performed in some Hindu marriages.

Saptapadi

Seven steps taken by bride and groom around the sacred fire; when required by custom, the 7th step completes the marriage.

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