Section 494 and Section 495 punish different acts.

Section 495 covers the same act of bigamy as Section 494, but with the extra element of concealment, which is why it carries a higher maximum punishment.

Indian Penal Code, 1860

Section 495

repealed

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.§

Why this exists

This provision recognises that bigamy is worse when combined with active concealment, because the new spouse is deceived into a marriage they would likely never have agreed to had they known the truth. By imposing a higher maximum sentence than ordinary bigamy under Section 494, the law punishes the added element of deliberate deception towards an unsuspecting partner.

Common misconceptions

Myth: Section 494 and Section 495 punish different acts.
Fact: Section 495 covers the same act of bigamy as Section 494, but with the extra element of concealment, which is why it carries a higher maximum punishment.