Indian Penal Code, 1860
Section 494
repealedMarrying 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.
Why this exists
This provision upholds the principle of monogamy under most personal marriage laws in India by criminalising bigamy, marrying a second time while the first marriage is still legally subsisting. It protects the rights of the first spouse and prevents fraud on the second spouse, who may be unaware that the marriage they are entering is void from the start.
How courts read it
Courts have consistently required strict proof that both marriages were performed with proper ceremonies and rites required by the parties' personal law; without such proof of a valid second marriage, a bigamy conviction under this section cannot stand, since a marriage that was never validly solemnised in the first place cannot itself be void for bigamy.
Common misconceptions
- Myth: Getting a second marriage registered makes it legal even if the first spouse is alive.
Fact: Registration does not make a bigamous marriage valid; if the first marriage still legally exists, the second marriage is void and the person can be prosecuted.