Fact of the case :

In this case it, has been held that Mrs. Tolson was charged with bigamy under section 57 of the Offences Against the Person Act 1881 for contracting a second marriage during the lifetime of her former husband; she was acquitted on the ground that she believed in good faith and on reasonable grounds that her husband had died prior to the time of her second marriage. Mrs. Tolson married Mr Tolson on September 11, 1880. 

After a year he deserted her on December 13, 1881. On inquiries made by her father and others, she was led to believe that her husband had been drowned in a vessel bound for America, which went down with all hands on board. 

On January 10, 1887, Mrs. Tolson, supposing herself to be a widow and contracted a second marriage with another man. The circumstances were well known to the second husband and the ceremony was in no way concealed. The intent to commit bigamy was held to be negatived by the accused's mistaken belief of the death of her husband. 

Issue Involved

Whether an honest and reasonable belief in the death of a spouse could constitute a defence to bigamy. 

Held : “Court observed that as a general rule there must be a guilty mind before there can be a crime. Hence, it is concluded that mistake was reasonable”.