Marrying again during lifetime of husband or wife

What this section does

Creates two tiers of bigamy offences: simple bigamy (marrying while a spouse is alive, rendering the second marriage void) punishable up to 7 years, and aggravated bigamy where the prior marriage is concealed from the second spouse, punishable up to 10 years. Two exceptions apply — a court-declared void prior marriage, and a spouse continually absent and unheard of for seven years (provided the second party is informed of the true facts).

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Sub-section (1): Imprisonment of either description up to 7 years and fine. Sub-section (2) (with concealment): Imprisonment of either description up to 10 years and fine.

Triable by

Magistrate of First Class

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused has a living husband or wife at the time of the subsequent marriage
2. The accused goes through a marriage ceremony with another person
3. The subsequent marriage is void by reason of the prior subsisting marriage
4. For sub-section (2): the accused additionally concealed the fact of the prior marriage from the person with whom the subsequent marriage is contracted

• IPC Section 494 — Bigamy