Section 494 IPC (Bigamy / Marrying Again During a Spouse's Lifetime): Explained (2026)

Explainer · Criminal Law

Updated for 2026 · Claw Editorial

Bigamy means marrying again while your husband or wife is alive and the first marriage is still valid. Section 494 of the Indian Penal Code (IPC) makes this a crime. People search for it in three situations: a spouse has married again in secret, someone is accused and wants to know the risk, or a student needs the ingredients and the case law. This page explains the section in plain words, last verified October 2026.

01What Section 494 says

Section 494 IPC covers marrying again during the lifetime of a husband or wife. In simple words, if a person who already has a living spouse marries a second time, and that second marriage is void only because the first spouse is alive, the person commits bigamy.

Bigamy is not about living with two people. It is about a second marriage that the law treats as void because the first marriage still exists.

The same idea is why a second marriage by itself does not give the second spouse the status of a legal wife or husband. The first marriage must be valid, and it must still be in force on the day of the second marriage.

02The ingredients of the offence

For a conviction, the prosecution has to prove each of these points.

• A valid first marriage: the accused was legally married to someone.
• The first spouse was alive: the first spouse was living when the second marriage took place.
• The first marriage was still subsisting: it had not ended by death, a divorce decree, or an annulment.
• A second marriage was performed: it must be a real marriage, with the ceremonies the law requires for that marriage.
• The second marriage is void: it is void only because it took place during the first spouse’s life.

The point about ceremonies matters a lot in court. Under the Hindu Marriage Act, a marriage needs the customary rites and ceremonies of at least one of the parties. Where the rites are not proved, a bigamy charge usually fails. Courts have held that, where the saptapadi (seven steps) is an essential rite, it must be proved.

03Punishment and nature of the offence

Bigamy under Section 494 is punishable with imprisonment of either kind for up to seven years, and the person is also liable to a fine. It is classed as a non-cognizable and bailable offence, and it is triable by a Magistrate of the first class.

A related offence applies where the accused hides the earlier marriage from the new partner. That is a more serious form of the offence and carries a higher maximum sentence of up to ten years.

04Who can file a complaint

Bigamy is a complaint-based offence. Because it is non-cognizable, the police cannot register an FIR and arrest on their own. The usual route is a private complaint before the Magistrate.

• The aggrieved person: the first husband or wife is the person most clearly entitled to complain.
• Others on their behalf: the law allows certain close relatives to complain for the aggrieved spouse in some cases, with the court’s leave. Check the current rule for who qualifies.
• The second spouse: a person who was deceived into the second marriage may use the concealment provision and the other remedies available to them.

Many first spouses also raise the same facts in other cases, such as maintenance, domestic violence, or a cruelty complaint. Those are separate proceedings with their own rules.

05The exceptions

Section 494 does not apply in two situations.

• First marriage declared void: if a court of competent jurisdiction has declared the first marriage void, there is no valid marriage to protect, so a later marriage is not bigamy.
• Spouse absent for seven years: if the first spouse has been continuously absent for seven years and has not been heard of as alive by those who would naturally have heard of them, the person can marry again. The person must tell the new partner the true facts before the marriage, as far as they know them.

A divorce decree also ends the first marriage, but a person who marries again only after the appeal period is over is safer. Under the Hindu Marriage Act, remarriage is allowed after the decree once the time to appeal has passed, or the appeal has failed.

If a couple wants to end a marriage first and avoid this risk, the cleanest route is a decree. See our guide to the mutual divorce procedure in India.

06Personal law and key cases

India has no single marriage law, so bigamy depends on the personal law of the parties.

• Hindus, Buddhists, Jains and Sikhs: the Hindu Marriage Act allows only one spouse at a time. A second marriage during the first spouse’s life is void, and the Act itself makes it punishable under Sections 494 and 495 IPC.
• Christians and Parsis: their marriage laws also bar a second marriage during the first spouse’s life.
• Muslims: Muslim personal law permits a man to have more than one wife, with limits. Section 494 still applies to a Muslim woman who marries again while her first marriage subsists.
• Special Marriage Act: a marriage under this Act is monogamous for everyone.

Two Supreme Court decisions are often cited. In Sarla Mudgal v Union of India (1995), the Court held that a Hindu husband who converts to Islam only to marry again does not escape Section 494. In Lily Thomas v Union of India (2000), the Court reaffirmed this view.

07BNS Section 82

The Bharatiya Nyaya Sanhita (BNS), in force from 1 July 2024, replaced the IPC. Section 494 IPC is now Section 82 BNS. The core offence is the same: marrying again during the lifetime of a spouse. The old concealment offence is brought into the same section, with a higher maximum sentence.

An offence committed before 1 July 2024 is still dealt with under the IPC. Cases after that date go under the BNS. When you read older judgments, remember that they speak of Section 494 IPC, and read them against the new number.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

If you are researching a bigamy matter, the useful part is finding Supreme Court and High Court judgments on proof of ceremonies, void marriages and complaint rules, and citing them correctly. Claw’s case search is built for that research, and its case management tracks hearings once a complaint is filed. Claw has a free plan for individual advocates. Students and junior lawyers may also like our guide to the best AI tools for law students and junior advocates.

For other criminal law sections, see our explainers on Section 295A IPC and Section 409 IPC. This page is general information, not legal advice. Talk to an advocate about your own facts.

09Sources and further reading

• India Code (official statutes): indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

10Frequently asked questions