Section 263 - Definition of and special provision as to bigamy

(1) A person commits bigamy who, knowing that a marriage subsists between that person and another person, goes through the ceremony of marriage, whether in Ghana or elsewhere, with any other person.

(2) A person shall not be convicted of bigamy or of an offence under section 264

(a) if at the time of the subsequent marriage the former wife or the former husband has been continually absent from that person for seven years, and has not been heard of by that person as being alive within that time, and

(b) if before the subsequent marriage that person informs the other party to the marriage of the facts of the case so far as they are known to that person.

(3) On proof by the accused person of the continued absence and information, the prosecutor has the onus to prove that the former wife or husband has been so heard of.