The subject of polygamy is governed by the provisions of section 6 of the Ordinance.

From perusal of above provisions of law, it is manifest that according to sub-section (1) of section 6 ibid, no man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under the Ordinance whereas sub-section (5) of section 6 of the Act provides penalties for contracting another marriage making the man liable to pay immediately the entire amount of the dower, whether prompt or deferred, due to existing wife or wives, if not so paid, recoverable as arrears of land revenue and on conviction be punishable with simple imprisonment which may extend to simple imprisonment of one year, or with fine which may extend to five thousand rupees, or with both. It is pertinent to note that section 6 ibid neither makes the registration of another marriage contracted without permission of the Arbitration Council an offence nor the Ordinance prescribes any inchoate offence in relation to polygamy such as attempt, solicitation or conspiracy. Section 6 of the Ordinance does not prescribe any punishment or penalty against anyone other than the husband who contracts another marriage without permission of the Arbitration Council concerned.

It is a cardinal principle of interpretation of criminal statutes that enactments prescribing an offence are to be construed strictly and the words used therein cannot be extended by construction.

For being a special statute, in the absence of any specific provision in the Ordinance permitting applicability of the Pakistan Penal Code, provisions such as section 109 of the PPC for the offence of abetment cannot be read into and made applicable to broaden scope of the offence prescribed under section 6(5) of the Ordinance.