Section Overview
Section Number:
IPC Section 494
Section Title:
Marrying Again During Lifetime of Husband or Wife
Act:
Indian Penal Code, 1860 (IPC)
Status:
Substantially retained under the Bharatiya Nyaya Sanhita (BNS), 2023 through corresponding provisions relating to bigamy and unlawful second marriages.
Applicability:
IPC Section 494 applies when:
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A person has a legally valid first marriage;
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The spouse is still alive;
-
The first marriage has not been legally dissolved;
-
The person contracts a second marriage;
-
The second marriage would otherwise be legally valid if the first marriage did not exist.
👉 This section is commonly known as the offence of bigamy.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 494 ka simple matlab hai ki agar kisi vyakti ki pehli shaadi legally valid hai aur spouse zinda hai, phir bhi woh dusri shaadi kar leta hai bina divorce ke, to woh offence karta hai.
Simple words mein:
"Pehli shaadi ke hote hue dusri shaadi karna bigamy hai."
Legal Meaning
Section 494 punishes:
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Contracting a second marriage;
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While the first valid marriage continues;
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Without legal dissolution of the first marriage.
The offence is complete upon the second marriage, provided legal requirements are satisfied.
Essential Ingredients
First Marriage Must Be Valid
The prosecution must prove:
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A lawful first marriage existed;
-
The marriage was legally recognized.
Spouse Must Be Alive
The first husband or wife must still be living.
No Divorce or Annulment
The first marriage must not have been:
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Dissolved by divorce;
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Annulled by court;
-
Otherwise terminated legally.
Second Marriage Must Be Contracted
A second marriage ceremony must actually occur.
Valid Marriage Ceremonies Required
Courts have repeatedly held that:
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Essential marriage ceremonies must be proved;
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Mere cohabitation is insufficient.
Punishment Under IPC Section 494
Punishment
IPC Section 494 provides:
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Imprisonment up to 7 years; AND/OR
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Fine.
Legal Classification
Bailable / Non-Bailable
✔ Bailable
Cognizable / Non-Cognizable
❌ Non-Cognizable
Compoundable
✔ Compoundable with permission of the court by the aggrieved spouse.
Triable By
Magistrate of First Class.
Exceptions Under IPC Section 494
The section does not apply where:
Spouse Has Been Continuously Absent
The spouse has not been heard of for seven years by persons who would naturally have heard from them.
AND
Full Disclosure Made
The facts are disclosed before the subsequent marriage.
Marriage Declared Void
Where a competent court has declared the earlier marriage void.
Divorce Already Granted
Where the first marriage has been legally dissolved.
Why IPC Section 494 Is Important
The section aims to:
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Protect marital rights;
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Prevent unlawful multiple marriages;
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Safeguard spouses from deception;
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Preserve legal certainty in family relationships.
IPC ↔ BNS Mapping
IPC Section
IPC Section 494
BNS Equivalent
The Bharatiya Nyaya Sanhita contains corresponding provisions relating to:
-
Bigamy;
-
Unlawful second marriage;
-
Marriage-related offences.
Status
Concept retained.
Real-Life Examples
Example 1: Second Marriage Without Divorce
A man legally married to his wife marries another woman without obtaining divorce.
Section 494 applies.
Example 2: Woman Contracts Another Marriage
A married woman whose first marriage remains valid enters a second marriage.
IPC Section 494 may apply.
Example 3: Hidden Existing Marriage
A person conceals an existing valid marriage and performs another marriage ceremony.
The offence of bigamy arises.
Example 4: Invalid Divorce Assumption
A person wrongly assumes a marriage has ended and remarries without legal dissolution.
Liability may arise depending on facts.
Landmark Judgments
Case Name:
Bhaurao Shankar Lokhande v. State of Maharashtra
Court:
Supreme Court of India
Key Takeaway:
A valid second marriage requires proof of essential marriage ceremonies.
Case Name:
Kanwal Ram v. Himachal Pradesh Administration
Court:
Supreme Court of India
Key Takeaway:
The prosecution must prove the validity of the alleged second marriage.
Case Name:
Sarla Mudgal v. Union of India
Court:
Supreme Court of India
Key Takeaway:
Conversion of religion cannot automatically dissolve a valid marriage to permit another marriage.
Case Name:
Lily Thomas v. Union of India
Court:
Supreme Court of India
Key Takeaway:
A person cannot escape bigamy liability merely by converting religion for the purpose of remarriage.
Legal Insights
When Is Section 494 Applied?
The section is generally invoked when:
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A legally married person remarries;
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The first spouse remains alive;
-
No lawful divorce exists.
Common Misuse Scenarios
No Valid First Marriage
The first marriage itself was invalid.
No Valid Second Marriage
Marriage ceremonies were not legally completed.
Mere Live-In Relationship
A relationship without marriage ceremonies does not automatically attract Section 494.
Wrong Assumption About Divorce
Confusion regarding legal marital status.
Defenses Available
First Marriage Invalid
No lawful first marriage existed.
Second Marriage Invalid
Essential ceremonies were absent.
Divorce Already Granted
The first marriage had legally ended.
Seven-Year Absence Exception
The spouse was presumed dead under legal requirements.