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SECTION 494 IPC - Indian Penal Code - Marrying again during lifetime of husband or wife
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 494. Marrying again during lifetime of husband or wife.—
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(Exception)
This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
IPC 494 in Simple Words
Section 494 of the Indian Penal Code (IPC) criminalizes the act of bigamy, which is a person marrying another person while they are legally married to a previous husband or wife, who is still alive. Subsequent marriages will be considered void. This section applies to all individuals regardless of gender, including Hindus, Christians, and Parsis. The violators can be punished with imprisonment for up to seven years and may also be fined.
A complaint of bigamy can be filed by the first spouse or any other aggrieved person with the local police station. However, one must always consider the legal advice of an experienced criminal Lawyer before taking any step in this direction. If you have specific questions or require legal assistance regarding Section 494, you can easily consult with LawRato’s ‘Ask a Free Legal Question’ or ‘Free Legal Advice on Phone | LawRato’ feature.
Cited by
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Marrying again during the life-time of a husband or wife | 7 Years + Fine | Non-Cognizable | Bailable | Magistrate First Class |
Offence : Marrying again during the life-time of a husband or wife
Punishment : 7 Years + Fine
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
If a spouse is still alive, anyone who marries during their lifetime will be punished by imprisonment or fine.
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Frequently Asked Questions
Who can file complaint against bigamy?
The sub-section (c), which states that if the victim of an offense punishable by IPC section 494 or 495 regarding bigamy is a wife, the complaint can be filed on behalf of her by her mother, father, brother, daughter, son, or sister, maternal/paternal aunts or uncles, with the permission from the court.
Is 494 IPC applicable to Muslims?
The Court concluded Section 494 IPC is not discriminatory between Hindu/ Muslim/ Christian men or women belonging to any caste or creed. It can be prosecuted against any citizens irrespective of personal laws, provided the ingredients of Section 484. 3 Mar 2015
Is bigamy bailable in IPC?
BIGAMY is not a cognizable crime. If the crime is committed in violation of section 494 IPC, it is compoundable or bailable. The punishment is up to 7 years of imprisonment or a fine, or both.
What is the punishment for second marriage?
According to Indian Penal Code Section 494, a person who commits a second divorce without a separation or a similar crime can be jailed up to seven years, depending on the offense. A fine may be charged in some cases or both, depending on the severity of the crime.
