IPC 495 vs BNS 495 – Concealment of Spouse’s Death for Remarriage
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 495
Concealment of death of husband or wife for purpose of marriage
About IPC Section
Section 495 of the Indian Penal Code, 1860, deals with cases where a person conceals the death of their spouse to marry again, committing fraud against the law and society. This section protects the legal validity of marriage and prevents deception in matrimonial matters.
Key points:
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Applicable when a person hides the death of a husband or wife to facilitate a second marriage.
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Punishment: Imprisonment up to 7 years, and fine.
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Protects spousal rights, ensures legal compliance in marriages, and prevents exploitation of marital laws.
For example, if a man whose wife has died fails to notify authorities or hides the death certificate and enters into a second marriage fraudulently, he can be prosecuted under IPC 495. This provision ensures that marital laws are respected and fraud in marriage is penalized.
Section: BNS 495
Concealment of death of spouse for purpose of remarriage
About BNS Section
Section 495 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 495. It criminalizes the act of concealing the death of a husband or wife to marry again, maintaining the same intent, scope, and punishment.
BNS 495 continues to protect marriage integrity, spousal rights, and legal compliance in matrimonial matters. By punishing deception related to the death of a spouse, it ensures that remarriage occurs within the boundaries of the law.
Key aspects of BNS 495:
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Covers concealment of a spouse’s death to facilitate unlawful remarriage.
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Punishment: Up to 7 years imprisonment and fine, same as IPC.
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Focuses on preventing matrimonial fraud and safeguarding family and societal norms.
Thus, BNS 495 maintains continuity with IPC 495, ensuring that marital deception remains a punishable offence under Indian criminal law.