Meaning and Definition
Bigamy refers to the act of marrying one person while still being legally married to another. Under Indian law, it is treated as a criminal offence when a person, during the subsistence of a valid marriage, enters into another marriage. According to Section 494 of the Indian Penal Code, 1860 (IPC), bigamy is committed when a married individual marries again during the lifetime of their spouse, and such subsequent marriage is void by law. The essence of this offence lies in the existence of a valid first marriage and the performance of a second marriage while that first marriage is still legally binding. The law aims to preserve the sanctity of marriage and protect the rights of the first spouse from deceit and neglect.
Essential Ingredients of Bigamy
To establish the offence of bigamy under Section 494 IPC, certain key ingredients must be proved:
- The accused must have contracted a valid first marriage.
- The first marriage must still be subsisting at the time of the second marriage.
- The accused must have solemnized a second marriage in a manner recognized by law.
- The accused must have knowledge of the first marriage being valid.
If the first marriage is void, annulled, or the spouse is presumed dead under Section 108 of the Indian Evidence Act, 1872, the second marriage does not constitute bigamy. This offence applies particularly under Hindu Marriage Act, 1955, Section 17, which explicitly declares second marriages void for Hindus.
Punishment and Legal Consequences
Under Section 494 IPC, the punishment for bigamy is imprisonment up to seven years and fine. If the person conceals the fact of the first marriage from the second spouse, Section 495 IPC provides a harsher punishment—imprisonment up to ten years and fine. The offence is non-cognizable, bailable, and compoundable with the permission of the court. The law ensures protection against fraudulent marriages and upholds monogamy as a principle of social and legal morality. It reflects the commitment of Indian criminal law to protect marital rights and maintain social order within the family structure.
Real-Time Example
Suppose A, a married man, marries B while his first wife C is still alive and the first marriage has not been legally dissolved by a competent court. Such an act by A constitutes bigamy under Section 494 IPC, and the second marriage with B will be declared void under Section 17 of the Hindu Marriage Act, 1955. If A had hidden the fact of his first marriage from B, he would also be liable under Section 495 IPC, which carries a more severe punishment for deceit.
Mnemonic to Remember
Mnemonic: “M-S-P-E – Marriage, Subsistence, Performance, Evidence.”
- M – Marriage (First): There must be a valid first marriage.
- S – Subsistence: The first marriage must still exist.
- P – Performance: The accused must perform a second marriage.
- E – Evidence: Proof under Section 108 Evidence Act (spouse’s death) may be a defence.
This mnemonic “M-S-P-E” helps recall the key elements and legal framework of bigamy—protecting the sanctity of one marriage at a time.
About lawgnan
Explore the concept of bigamy under Section 494 IPC, a criminal offence involving a second marriage during the subsistence of the first. Learn the essential ingredients, legal conditions, and punishment associated with this offence, including its link to Section 495 IPC and Section 17 of the Hindu Marriage Act, 1955. Discover real-world examples and an easy mnemonic “M-S-P-E” to remember the elements—Marriage, Subsistence, Performance, Evidence. Strengthen your understanding of matrimonial offences and legal morality. Visit Lawgnan.in for detailed notes, simplified case studies, and expert insights into Indian criminal law concepts.
