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interpretation of statutes interpretation of statutes
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Justice Katju opined how law and morality must be separated. According to him, the actions of the man, though immoral, could not attract the application of S. 493, as the ingredients of the same were not satisfied. Since the allegation of the complainant was that the appellant had assured her that he would marry her, it was obvious that she was not under any belief that she was already married to him. Moreover, there was no allegation that the appellant deceived the complainant into believing that they were lawfully married. A criminal statute has to be construed strictly. Unless all its ingredients are satisfied the person cannot be punished, otherwise it would lead to a violation of Articles 20 and 21 of the Constitution. Justice Misra, on the other hand, was of the opinion that the acts of the appellant were directly hit by S. 493. According to her, the three ingredients necessary to be established for bringing home the offence under this section are: