Site navigation

A wife reports to the police that her husband subjected her to cruelty and committed bigamy. Police…

The wife’s report makes the cruelty allegation cognizable. Section 174(4) treats the two allegations as a cognizable case when they form one case. The Supreme Court’s…

Choose your answer

A wife reports to the police that her husband subjected her to cruelty and committed bigamy. Police register and investigate both allegations as one case. Their report discloses both offences under sections 85 and 82(1) of the Bharatiya Nyaya Sanhita, 2023. Which statement reflects the rule for a combined case under the Bharatiya Nagarik Suraksha Sanhita, 2023?

Select one answer
Answer and explanation

Correct answer C

The wife’s report makes the cruelty allegation cognizable. Section 174(4) treats the two allegations as a cognizable case when they form one case.

The Supreme Court’s reasoning in Ushaben supports cognizance of both on the resulting report under the corresponding provisions. Section 219 governs the different situation of standalone bigamy.

Option feedback

Option A

The wife’s report makes the cruelty allegation cognizable under the First Schedule. Section 174(4) treats the mixed case as cognizable.

Option B

The presence of a non-cognizable offence does not require the police to drop it from a properly investigated mixed case.

Option C

Sections 174(4), 210 and 220 carry forward the scheme applied in Ushaben v. Kishorbhai Chunilal Talpada. Both allegations remain in the properly instituted mixed case.

Option D

The complaint requirement for standalone bigamy under section 219 must be distinguished from a combined case that began with cognizable cruelty and still discloses both offences.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic