Bharatiya Nyaya Sanhita, 2023
Section 82
Marrying again during lifetime of husband or wife
(1) 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.
Exception.—This sub-section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
(2) Whoever commits the offence under sub-section (1) 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.
Why this exists
This provision continues the old Section 494/495 of the Indian Penal Code, rooted in 19th-century colonial-era marriage law that recognized monogamy as the legal norm for most personal laws in India (subject to religious personal law exceptions like Muslim law permitting polygamy). It aims to protect the sanctity of marriage, prevent deception of a new spouse, and give legal remedy to a spouse whose partner secretly remarries.
How courts read it
Courts under the earlier IPC Section 494/495 (identical text) held that a valid first marriage must be proved for a bigamy conviction — mere cohabitation or unproven marriage rites do not suffice (e.g., courts insisted on proof of essential ceremonies under the applicable personal law, as seen in rulings like Kanwal Ram v. State of Himachal Pradesh). Courts also clarified that the concealment aggravation under sub-section (2) requires proof that the new spouse was genuinely unaware of the earlier marriage.
Common misconceptions
- Myth: If the first marriage was unhappy or informal, remarrying isn't really a crime.
Fact: The law only cares whether the first marriage was legally valid and still subsisting — unhappiness or informality doesn't remove criminal liability. - Myth: Waiting for the spouse to disappear for a few years automatically allows remarriage without any conditions.
Fact: The 7-year missing-spouse exception only applies if the remarrying person honestly discloses the situation to the new spouse before marrying; hiding it still makes it an offence.