Correct option is D
The correct answer is (d) Bigamy. Bigamy, which is the act of marrying someone while already being legally married to another person, is an offence under Section 494 of the Indian Penal Code (I.P.C.). In the case of bigamy, guilty intention (mens rea) is not necessarily required to establish the offence. Even if the second marriage is entered into without the knowledge of the first marriage being valid or existing, the act itself constitutes the offence.
· Explanation:
· Bigamy (Section 494 I.P.C.): Bigamy is a strict liability offence, meaning that the act of marrying another person while still being legally married is punishable, regardless of the individual's intent or knowledge. The mere act of entering into a second marriage while the first one is subsisting is sufficient to constitute the offence, even if the person was unaware of the legal implications or believed the first marriage to be void.
Information Booster:
1. Strict Liability Offences: These are offences where the act itself is punishable, regardless of the intent behind it. Bigamy falls under this category.
2. Mens Rea: While mens rea (guilty mind) is usually an essential element in criminal law, strict liability offences like bigamy do not require proof of intent.
3. Section 494 I.P.C.: Bigamy is punishable with imprisonment of up to seven years and a fine. The lack of intent does not absolve the person from liability.
4. Defenses in Bigamy: The only defense available under Section 494 is proving that the first marriage was not valid (e.g., if the spouse was not alive, the marriage was annulled, or it was void ab initio).
5. Comparison with Other Offences: In contrast, offences like murder (a), theft (b), and robbery (c) require a clear demonstration of guilty intention or mens rea as an essential element of the crime.
6. Awareness in Bigamy Cases: Although the intent is not required, proving that the accused was aware of the existing marriage can aggravate the offence, but ignorance does not serve as a defense.
Additional Information:
· Murder (a): Requires intent to kill or cause grievous harm (mens rea).
· Theft (b): Involves dishonest intent to take property.
· Robbery (c): Involves intent to commit theft or extortion with the use of force or threat of force.
