Section Overview
Section Number:
IPC Section 495
Section Title:
Same Offence with Concealment of Former Marriage from Person with Whom Subsequent Marriage Is Contracted
Act:
Indian Penal Code, 1860 (IPC)
Status:
The principle has been substantially retained under the Bharatiya Nyaya Sanhita (BNS), 2023 through corresponding provisions dealing with bigamy and marriage-related deception.
Applicability:
IPC Section 495 applies when:
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A person is already legally married;
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The spouse is alive;
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The first marriage remains valid;
-
The person contracts a second marriage;
-
The existence of the first marriage is concealed from the second spouse.
👉 IPC Section 495 is essentially IPC Section 494 (bigamy) plus concealment of the earlier marriage.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 495 ka simple matlab hai ki agar koi vyakti pehle se shaadishuda hai aur dusri shaadi karte waqt apni pehli shaadi ki baat chhupa leta hai, to woh IPC Section 495 ke under offence karta hai.
Simple words mein:
"Pehli shaadi chhupa kar dusri shaadi karna IPC 495 hai."
Legal Meaning
The section punishes:
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Bigamy; AND
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Concealment of the first marriage from the second spouse.
The concealment element makes the offence more serious than ordinary bigamy.
Essential Ingredients
Valid First Marriage
The first marriage must be:
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Legally valid;
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Existing at the time of the second marriage.
First Spouse Must Be Alive
The husband or wife from the first marriage must still be living.
Second Marriage Contracted
A second marriage ceremony must actually take place.
Concealment of Former Marriage
The accused must intentionally hide:
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The existence of the first marriage;
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The fact that the first spouse is alive.
Knowledge and Intent
The concealment must be deliberate.
Difference Between IPC Sections 494 and 495
| Section | Nature of Offence |
|---|---|
| IPC 494 | Bigamy |
| IPC 495 | Bigamy + Concealment of former marriage |
👉 Section 495 carries a harsher punishment because of the additional element of deception.
Why IPC Section 495 Is Important
The section aims to:
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Protect individuals entering marriage;
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Prevent matrimonial fraud;
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Ensure informed consent in marriage;
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Punish deception regarding marital status.
Punishment & Legal Classification
Punishment
IPC Section 495 provides:
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Imprisonment up to 10 years; AND
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Fine.
This is more severe than IPC Section 494.
Bailable / Non-Bailable
❌ Generally Non-Bailable
Cognizable / Non-Cognizable
❌ Generally Non-Cognizable (complaint-based prosecution)
Compoundable
❌ Generally Non-Compoundable without court permission.
Triable By
Magistrate of First Class.
IPC ↔ BNS Mapping
IPC Section
IPC Section 495
BNS Equivalent
The Bharatiya Nyaya Sanhita continues provisions relating to:
-
Bigamy;
-
Concealment of marital status;
-
Marriage-related fraud.
Status
Concept retained.
Real-Life Examples
Example 1: Hidden Existing Wife
A man already married marries another woman and falsely claims he has never been married.
IPC Section 495 applies.
Example 2: Hidden Existing Husband
A woman conceals her existing valid marriage and contracts another marriage.
The offence may arise under Section 495.
Example 3: Fake Bachelor Status
A person knowingly presents themselves as unmarried despite having a living spouse.
Section 495 may be attracted.
Example 4: Fraudulent Marriage Arrangement
Marriage negotiations proceed based on false information regarding marital status.
The concealment may constitute an offence.
Landmark Judgments
Case Name:
Bhaurao Shankar Lokhande v. State of Maharashtra
Court:
Supreme Court of India
Key Takeaway:
Proof of a valid second marriage is essential in bigamy prosecutions.
Case Name:
Kanwal Ram v. Himachal Pradesh Administration
Court:
Supreme Court of India
Key Takeaway:
The prosecution must prove necessary marriage ceremonies.
Case Name:
Sarla Mudgal v. Union of India
Court:
Supreme Court of India
Key Takeaway:
Existing valid marriages cannot be circumvented through deception or conversion.
Case Name:
Lily Thomas v. Union of India
Court:
Supreme Court of India
Key Takeaway:
Marriage-related fraud cannot defeat legal obligations arising from an existing marriage.
Legal Insights
When Is Section 495 Applied?
The section is generally invoked when:
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A second marriage occurs;
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The first marriage remains valid;
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The earlier marriage is concealed from the second spouse.
Common Misuse Scenarios
No Valid First Marriage
The first marriage itself was invalid.
No Valid Second Marriage
Necessary legal ceremonies were not performed.
No Concealment
The second spouse already knew about the earlier marriage.
Mere Relationship Disputes
Relationship conflicts do not automatically constitute Section 495 offences.
Defenses Available
No Valid First Marriage
The first marriage was legally void.
No Valid Second Marriage
Legal marriage requirements were not satisfied.
No Concealment
The second spouse was aware of the earlier marriage.
Lack of Proof
The prosecution cannot establish the required elements.