IPC Section 494 and BNS Section 82: Bigamy, Punishment and Exceptions
Section 494 of the Indian Penal Code, 1860 addressed marrying again during the lifetime of a husband or wife where the later marriage is void because the earlier spouse is living. For offences governed by the new criminal law, the corresponding provision is Section 82(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024.
Meaning of IPC Section 494
The former IPC provision applied to a person with a living husband or wife who contracted another marriage that was void because it took place while the earlier marriage subsisted. The punishment was imprisonment of either description for a term extending to seven years, together with liability to a fine.
Current law: BNS Section 82(1)
Section 82(1) substantially carries forward the offence under IPC Section 494. It requires a subsisting first marriage, a second marriage, and the second marriage being void on account of the continued existence of the first marriage. The mere existence of a relationship or an allegation of remarriage does not dispense with proof of the elements required by law.
Essential ingredients
- The accused was lawfully married and the first spouse was alive at the relevant time.
- A second marriage was contracted while the first marriage subsisted.
- The second marriage was void because it occurred during the lifetime of the first spouse under the applicable marriage law.
- The solemnisation of the alleged second marriage, including legally essential ceremonies or applicable formalities, is established by admissible evidence.
Statutory exceptions
Section 82(1) retains the two exceptions contained in IPC Section 494:
- Marriage declared void: The first marriage has been declared void by a court of competent jurisdiction.
- Seven-year absence: The former spouse has been continuously absent for seven years and has not been heard of as alive during that period, provided the person entering the later marriage discloses the facts known to them to the intended spouse before the marriage.
The seven-year exception is conditional; absence alone does not automatically dissolve a marriage. A divorce or other valid dissolution must also be distinguished from a mere separation.
Punishment and classification
| Provision | Offence | Maximum punishment | Classification under BNSS |
|---|---|---|---|
| IPC Section 494 (former law) | Marrying again during lifetime of spouse | 7 years and fine | Historical IPC provision |
| BNS Section 82(1) | Bigamy | 7 years and fine | Non-cognizable; bailable; Magistrate First Class |
| BNS Section 82(2) | Bigamy with concealment of former marriage from subsequent spouse (formerly IPC Section 495) | 10 years and fine | Non-cognizable; bailable; Magistrate First Class |
Complaint and court procedure
As a non-cognizable offence, police investigation generally requires an order of the competent Magistrate. BNSS Section 219 sets out special rules concerning cognizance of offences against marriage, including who may make the complaint and statutory exceptions. The appropriate route depends on the facts and the complainant's legal standing.
Under BNSS Section 359, an offence under BNS Section 82(1) may be compounded by the husband or wife of the person who marries again, with the permission of the court. This should not be confused with an automatic withdrawal or acquittal.
Does the law apply to every second marriage?
No. The relevant personal law, legal validity of the first marriage, applicable solemnisation requirements, and statutory exceptions matter. A second marriage is not automatically a criminal offence merely because one spouse alleges it. Evidence and the precise legal basis for invalidity must be examined.
Which law applies: IPC or BNS?
The BNS came into force on 1 July 2024. Earlier conduct must be assessed under the applicable law and relevant repeal-and-savings provisions, including BNS Section 358 and the general legal protections governing retrospective criminal liability. The date and facts of the alleged offence are important.
Frequently asked questions
Is bigamy bailable under BNS?
Yes. BNS Sections 82(1) and 82(2) are classified as bailable in the BNSS First Schedule.
Is bigamy cognizable?
No. Both offences under BNS Section 82 are listed as non-cognizable.
What is the punishment for concealing an earlier marriage?
Where the requirements of BNS Section 82(2) are proved, imprisonment may extend to ten years and a fine may also be imposed.
Official legislation and references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 82 and 358).
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF (Sections 219 and 359; First Schedule).
- BNSS First Schedule - National Crime Records Bureau.
- Indian Penal Code overview and related sections.
Editorial note: Updated 31 October 2026. This article is general legal information, not case-specific legal advice.