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IPC 494 vs BNS 494 – Bigamy and Marrying Again During Lifetime of Spouse

Comparison
Same

Indian Penal Code (IPC)

VS.

Bhartiya Nyaya Sanhita (BNS)

Section: IPC 494

Marrying again during lifetime of husband or wife

About IPC Section

Section 494 of the Indian Penal Code, 1860, deals with bigamy, i.e., marrying again while the spouse is still living, provided that the first marriage is legally valid and the second marriage is entered into without legal dissolution of the first.

This section protects the sanctity of marriage, family structure, and the rights of the first spouse. It applies to any person who knowingly enters into a second marriage during the lifetime of their lawful spouse, except in cases where the first spouse has been legally declared dead or the marriage has been legally dissolved.

Key points include:

  • Punishment: Imprisonment up to 7 years, and fine.

  • Protects social order, marital trust, and prevents exploitation of spouses.

  • Applies to both men and women in certain circumstances, though traditionally it has been more frequently applied to men under IPC.

For example, a man legally married to one woman who marries another without dissolving the first marriage can be prosecuted under IPC 494. This law reinforces that marriage is a binding legal contract and must be respected.

Section: BNS 494

Marrying again during lifetime of spouse (Bigamy)

About BNS Section

Section 494 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 494. It punishes the act of entering into a second marriage while the first spouse is still living without legal dissolution of the first marriage.

BNS 494 maintains the same scope, intent, and punishment as IPC 494. The section continues to protect marital fidelity, the rights of the first spouse, and the stability of family structures. It also emphasizes that entering a second marriage without proper legal procedures is a criminal offence.

Key aspects of BNS 494:

  • Covers bigamy during the lifetime of a spouse.

  • Punishment: Up to 7 years imprisonment and fine, same as IPC.

  • Ensures legal protection against exploitation and marital deception.

Thus, BNS 494 keeps the law consistent with IPC 494, maintaining continuity in protecting marriage and spousal rights.