by | Sep 18, 2023

Bigamy is the act of marrying someone while already being legally married to another person, is considered a serious offence in India. The Indian Penal Code (IPC) has specific provisions that deal with this issue, aiming to protect the institution of marriage and prevent deceitful practices. 

Section 494 (Marriage with a Person Having a Living Spouse) : According to Section 494 of the IPC, any person who, being already married, marries another person during the subsistence of the first marriage is said to have committed the offence of bigamy. This section applies to all individuals, irrespective of their gender or religion.

Punishment for Bigamy : Section 494 declares bigamy as a punishable offence and prescribes a penalty for the same. If convicted, the guilty party may face imprisonment for a term that may extend up to seven years, along with a fine.

Exceptions to Section 494 : There are certain exceptions mentioned in the IPC that provide legal relief in specific cases. These exceptions include situations where the first spouse has been absent for a continuous period of seven years and has not been heard of during that time.

Section 495 (Same Offence with Concealment of Former Marriage from the New Spouse) : Section 495 of the IPC deals with cases where a person conceals their previous marriage from the person they are marrying. If found guilty, the punishment is the same as mentioned under Section 494.

The provisions of Bigamy under the Indian Penal Code aim to protect the sanctity of marriage and discourage deceitful practices. It is essential for individuals to respect the institution of marriage and abide by legal obligations. Understanding these provisions can serve as a deterrent and help maintain the integrity of relationships.


  2. – THE HINDU


Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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