Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of it’s 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 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.
In simpler terms, Section 494 of the Indian Penal Code defines the act of contracting a second marriage while the first spouse is alive, as long as the first marriage is valid and continuing. Simply put, if a married person enters into a marriage with another person while the spouse is alive, that marriage is void because of personal laws and the person is guilty of a criminal offence.
It is a section in close proximity to the offence of bigamy. The purpose of the section is to protect the sanctity of marriage and to preserve the rights of spouses from harm in the form of deception, misrepresentation, and unlawful remarriage.
Essential Ingredients
- Existing Valid Marriage: The accused person should have an existing marriage, which is legally valid under the personal law.
- Subsequent Marriage: The accused has contracted a second marriage while the first marriage was in continuation.
- Void nature of Second Marriage: The second marriage must be void in law because the spouse in the first marriage is alive.
- Knowledge and Intention: The person had knowledge of committing the subsequent marriage despite the existence of his or her spouse.
Punishment
The penalty for the offence under Section 494 of IPC is:
- Imprisonment of either description, whether simple or rigorous, for up to 7 years, and
- Fine.
This shows us how seriously the law views the offence of bigamy.
Exceptions
The law provides for some exceptions where bigamy is not an offence, under Section 494.
- Marriage held void by a competent court – If the first marriage has been voided by the competent court, then the second marriage is not an offence.
- Absence of spouse for seven continuous years – If the husband / wife has been absent for a period of seven continuous year and has not been heard of as alive, one can marry again. A person can be endorsed in marriage, provided that have to disclose lack of the other spouse at the time of marriage to the new partner and this fact is disclosed before the marriage ceremony.
Illustrative Examples
- Example 1: A man remarries without obtaining a divorce from his first wife. This would be punishable under Section 494, because the first marriage is still legally in existence.
- Example 2: A woman marries someone else after having not seen her husband for ten years and having told her new many of those facts. This would not lead to any consequence due to the exception.
Judicial Interpretations and Case Laws
- Sarla Mudgal v. Union of India (1995): It was held by the Supreme Court that a Hindu husband married in terms of the Hindu Marriage Act cannot marry again during the lifetime of his wife without terminating that marriage and if he converts to another religion (eg. Islam), it does not give him the right to contract a second marriage. If he does so, such marriage is void and he is liable for the offence of bigamy under Section 494 IPC.
- Lily Thomas v. Union of India (2000): The Court stated that the solemnization of a second marriage without the dissolution of the first marriage gives rise to offense of bigamy and is punishable under IPC. Signing to a different religion does not give a person any form of protection.
- Priya Bala Ghosh v. Suresh Chandra Ghosh (1971): The Court observed that for conviction under Section 494, the prosecution needs to show that a second marriage ceremony was performed according to the ceremonies required by law. If the necessary rites were not shown, the marriage cannot be seen to be valid, thus no offense under Section 494 can be made out.