IPC Section 495 and BNS Section 82(2): Concealment of Former Marriage

Concealing an existing marriage while contracting a second marriage can attract a more serious punishment than bigamy alone. The former provision was Section 495 of the Indian Penal Code, 1860 (IPC); the corresponding provision for offences governed by the new criminal law is Section 82(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What did Section 495 IPC provide?

Section 495 IPC applied where a person committed the bigamy offence under Section 494 IPC and concealed the earlier marriage from the person with whom the subsequent marriage was contracted. The punishment was imprisonment of either description for a term extending to ten years and fine.

The offence was an aggravated form of bigamy: it required both a second marriage that was void because a spouse was living and concealment of the former marriage from the later spouse.

Current law: Section 82 of the Bharatiya Nyaya Sanhita, 2023

Section 82(1): Marrying again during the lifetime of a husband or wife

Section 82(1) penalises contracting another marriage while a husband or wife is living, where that later marriage is void by reason of the existing marriage. Punishment may extend to seven years of imprisonment and fine. The statutory exceptions include a former marriage declared void by a competent court, and a specified seven-year absence situation subject to disclosure of the known facts to the proposed spouse.

Section 82(2): Concealment of the former marriage

Section 82(2) applies where a person commits the offence described in Section 82(1) and conceals the fact of the former marriage from the person with whom the subsequent marriage is contracted. The maximum imprisonment is ten years, and fine is also applicable.

Read the official BNS text on India Code.

Essential ingredients of the offence

1. A legally relevant earlier marriage existed and the earlier spouse was living when the subsequent marriage took place.
2. A subsequent marriage was contracted and was void because of the subsisting earlier marriage under the applicable marriage law.
3. The accused concealed the fact of the former marriage from the person with whom the subsequent marriage was contracted.
4. The alleged conduct is proved with legally admissible evidence, including proof of the marriages and the concealment.

Whether a marriage is valid or void depends on the applicable personal or statutory marriage law. A relationship or allegation of a marriage alone does not automatically establish all the ingredients of bigamy. The ceremonies or formalities necessary to prove the alleged marriage can be decisive.

Punishment and comparison

Procedure, bail and filing a complaint

For the classification of an offence under BNS Section 82(2), consult the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The offence is classified as non-cognizable and non-bailable, and is triable by a Magistrate of the First Class. Non-bailable does not mean bail is automatically refused; it means release on bail is subject to the applicable legal provisions and judicial discretion.

Prosecution for marriage-related offences is subject to the special rules on taking cognizance in BNSS Section 219, including the statutory requirements concerning complaints by aggrieved persons and applicable exceptions. The facts, locus to complain, and date of the alleged conduct should be checked before filing.

Official reference: BNSS, 2023, including the First Schedule.

Evidence that may be relevant

Depending on the facts, relevant material may include records of the first marriage, proof that the earlier spouse was living, records and witnesses of the subsequent marriage, communications concerning marital status, and evidence of concealment. Admissibility and evidentiary weight are determined under the applicable evidence law and judicial decisions.

Does IPC Section 495 still apply?

The IPC was repealed by BNS Section 358, subject to the repeal and savings provisions and other applicable law. For conduct before 1 July 2024, the IPC may remain relevant. For conduct on or after commencement, the corresponding BNS provision is generally considered. The transition must be assessed against the facts and dates in each case.

Frequently asked questions

What is the new BNS section corresponding to IPC Section 495?

Section 82(2) of the Bharatiya Nyaya Sanhita, 2023.

What is the maximum punishment for concealing a former marriage?

Imprisonment of either description for up to ten years and liability to fine, where the statutory ingredients are proved.

Is every second marriage a criminal offence?

No. The relevant marriage law, validity of the earlier and subsequent marriages, statutory exceptions, and proof of the offence must be considered.

Official legal resources

• Bharatiya Nyaya Sanhita, 2023 - India Code
• Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code
• Bharatiya Sakshya Adhiniyam, 2023 - India Code

This article is general legal information, not advice for a particular case. Check the operative statute, procedural rules and relevant judicial decisions before taking action.