IPC Section 494 — Marrying again during lifetime of husband or wife

Summary

A person who marries someone else while their own husband or wife is still alive commits an offence if that second marriage is legally invalid because the first marriage still exists. This applies only when the second marriage is void under the law due to the first marriage being ongoing. The punishment for this offence can be imprisonment for up to seven years, along with a fine.

Official Text

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.

Referred to by

• CrPC §182 — Offences committed by letters, etc
• CrPC §198 — Prosecution for offences against marriage
• Hindu Marriage Act §17 — Punishment of bigamy

Related Judgments

• PRIYA BALA GHOSH vs SURESH CHANDRA GHOSH — Supreme Court of India (1971)
• URMILA DEVI vs YUDHVIR SINGH — Supreme Court of India (2013)
• SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS. vs UNION OF INDIA AND ORS — Supreme Court of India (1995)
• Date of decision : 07.09.2022; ANITA RAI vs STATE & ORS — Delhi High Court (2022)
• A. SUBASH BABU vs STATE OF A.P.& ANR — Supreme Court of India (2011)
• SAVITABEN SOMABHAI BHATIYA vs STATE OF GUJARAT AND ORS — Supreme Court of India (2005)

Old <-> New Code Mapping

• BNS §82 — Marrying again during lifetime of husband or wife