Introduction:
Section 494 of the IPC deals with the offense of “marrying again during the lifetime of a spouse.” According to this section, if a person, while being legally married, marries someone else, the individual can be charged with bigamy. Bigamy is the act of marrying again while the first marriage is still valid and subsisting.
The offense of bigamy is considered a criminal offense in India and is punishable with imprisonment and/or a fine. The punishment can vary based on the circumstances of the case. It’s important to note that this law applies to both men and women, and a person can be charged and convicted under Section 494 if found guilty of bigamy.
Definition
As of my last update in September 2021, Section 494 of the Indian Penal Code (IPC) is as follows:
“Section 494 IPC – Marrying again during the lifetime of a 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.”
In simpler terms, this section deals with the offense of bigamy, which is marrying again while the first marriage is still subsisting and legally valid. If a person knowingly enters into a second marriage while the first spouse is alive, they can be charged under Section 494 and face imprisonment for up to seven years, along with a fine.
Example
Let’s say there is a man named John who is already married to Mary. However, without legally divorcing Mary, John goes through a marriage ceremony with another woman named Jane. In this situation, John’s actions would be considered a violation of Section 494 of the IPC because he married Jane while his first marriage with Mary was still valid.
If someone reports this matter to the authorities and John is found guilty, he could face legal consequences, including imprisonment and a fine, as prescribed under Section 494 of the IPC.
Please note that this is a fictional example for illustration purposes only. The actual application of Section 494 would depend on the specific facts and circumstances of each case, and legal proceedings can vary in different jurisdictions.
Law case
- https://www.casemine.com/judgement/in/56ea7b82607dba36cc747425. ( C.M. Dhass v. Tmt.S. Sundara Bai )
- https://www.casemine.com/judgement/in/5ac5e2db4a932619d90301e2 (Ram lali v. State )
Key elements of Section 494 IPC:
1. Marriage: The first essential element of the offense is a valid marriage. A legally recognized marriage should be in existence before any subsequent marriage can be considered an offense under this section.
2. Subsequent marriage during the lifetime of the spouse: The accused must marry another person while their first spouse is still alive and the first marriage is valid.
3. Without the spouse’s consent: For an offense under Section 494 IPC to be established, the subsequent marriage must be contracted without the consent of the first spouse. This means that the first spouse should not have given consent for the accused to marry another person.
4. Knowledge of the existence of the first marriage: The accused must have knowledge of the first marriage. If the accused was not aware of the first marriage, they cannot be held liable under this section.
Penalty:
The penalty for the offense of bigamy under Section 494 of the Indian Penal Code (IPC) is as follows:
If a person is found guilty of marrying again during the lifetime of a spouse without the consent of the first spouse, they can be punished with imprisonment. The imprisonment term can extend up to seven years. Additionally, the convicted individual may also be liable to pay a fine as part of the punishment.
It’s important to remember that the penalty may vary based on the specific circumstances of the case and the judgment of the court.
Exceptions:
There are certain exceptions to this offense. For example, if the first spouse has been absent for seven years and has not been heard of as being alive, the accused may marry again without committing bigamy. Additionally, the law provides some protections to individuals who convert to a different religion that allows polygamy, but there are specific conditions and legal requirements to be met.
Under Section 494 of the Indian Penal Code (IPC), there are certain exceptions that provide protection in specific situations where bigamy may not be considered an offense. These exceptions are listed in the section itself:
1. Absent spouse for seven years: If the first spouse has been absent and not heard of as being alive for a continuous period of seven years or more, the subsequent marriage would not be considered an offense of bigamy. However, during this time, the accused must have no knowledge of the absent spouse still being alive.
2. Former spouse’s absence, presumed dead: If the person accused of bigamy has reason to believe, based on available information, that their former spouse is dead, and they marry again in good faith, they may be exempt from punishment.
It’s important to note that these exceptions have specific conditions, and the burden of proving the absence of the spouse or the belief of the spouse’s death lies with the accused. These exceptions are intended to provide some leniency in cases where the accused may genuinely believe that the first marriage is no longer valid due to the extended absence or presumed death of the spouse.
Conclusion
Section 494 of the Indian Penal Code (IPC) addresses the offense of bigamy, which involves marrying again during the lifetime of a spouse without the spouse’s consent. The section aims to preserve the sanctity of marriage, protect the rights of individuals within a marriage, and maintain social order.
Bigamy is considered a criminal offense in India and is punishable with imprisonment for up to seven years and, in some cases, a fine. The section includes exceptions for situations where the first spouse has been absent and not heard of for seven years or when a person converts to a religion that permits polygamy, subject to specific conditions.
It’s important to stay aware that interpretations and applications of the law can vary based on individual cases, and legal provisions may change over time. For the most up-to-date information and accurate legal advice, it is best to consult qualified legal professionals and refer to the latest legal resources. Respect for the institution of marriage and adherence to the law can contribute to a just and orderly society.
This Article is written by Gurleen Kaur ,
Course – BA LLB (H)
Year- 2021-2026
College- Amity University, Punjab
