IPC Section 495 — Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

offences relating to marriage

Family / Personal Law

Punishment

Imprisonment up to 10 years and fine

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”

Summary

If a person commits the offence of marrying again while their first spouse is still alive, and they also hide the fact of that first marriage from the person they are marrying the second time, they can be punished with imprisonment for up to ten years and also be fined.

Official Text

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.

Referred to by

Related Judgments

  • A. SUBASH BABU vs STATE OF A.P.& ANR — Supreme Court of India (2011)
  • URMILA DEVI vs YUDHVIR SINGH — Supreme Court of India (2013)
  • MUSSTT REHANA BEGUM vs STATE OF ASSAM & ANR — Supreme Court of India (2022)
  • RANA AYYUB vs DIRECTORATE OF ENFORCEMENT THROUGH ITS ASSISTANT DIRECTOR — Supreme Court of India (2023)
  • STATE OF ORISSA vs SHARAT CHANDRA SAHU AND ANR — Supreme Court of India (1996)

Old <-> New Code Mapping

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