Bigamy (Section 494 of the I.P.C.)

Marrying again during the lifetime of the husband/wife.

What is it?

• However, if the former marriage gas been declared void by the court of law and the person marries again, it does not amount to bigamy.
• If the second marriage is performed during the lifetime of the husband/wife but:
• The first spouse has been continually absent for 7 years,
• The first spouse has not been heard as being alive 7 years
• The person does not commit bigamy by marrying again, however he must inform the person whom he is marrying about his subsisting marriage.

Essentials of bigamy

• There must be an already existing marriage, which is a valid marriage.
• The offender must have a husband or wife living.
• The offender must have married again during the lifetime of his/her wife/husband.

Consequences of bigamy

The second marriage is considered void even if conducted as per the required religious rites, customs, etc.

Punishment

Imprisonment upto 7 years +fine. Bigamy is non-cognizable, bailable and compoundable (by the husband or wife of the person so marrying with the permission of the court)

Triable by:

Metropolitan Magistrate/ Judicial Magistrate First class

Who can file a complaint

The person aggrieved by the offence, that is either the husband or wife whose spouse has married again.