The Supreme Court enhanced the punishment for bigamy of couple to 6 months alongwith fine and emphasised that the punishment needs to be commensurate with the crime committed and should be proportionate.

In the Supreme Court of India, Criminal Appellate Jurisdiction, the case of Baba Natarajan Prasad vs. M. Revathi involved an appeal against the sentencing for a conviction under Section 494 of the Indian Penal Code (bigamy). The appellant, Baba Natarajan Prasad, challenged the High Court’s decision, which imposed a minimal sentence on the respondents despite restoring their conviction for bigamy. The Supreme Court, noting the seriousness of the offence and the principles of proportionality in sentencing, decided that the initial punishment of “imprisonment till the rising of the court” was insufficient.

The Court modified the sentence to six months of simple imprisonment and reduced the fine from Rs. 20,000 to Rs. 2,000 each. The court also restored the original default sentence of three months’ simple imprisonment for non-payment of the fine. The judgment required the accused to serve their sentences consecutively to ensure the child born from the bigamous marriage would have one parent present.

The case emphasizes the need for appropriate and proportionate sentencing in criminal cases to maintain public confidence in the justice system and ensure that the punishment reflects the gravity of the offence.

Baba V. Revathi decided by the Supreme Court on July 15, 2024.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record (AOR) in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.