IPC 496 vs BNS 496 – Punishment for Bigamy and Unlawful Marriage
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 496
Marriage by person having a spouse living
About IPC Section
Section 496 of the Indian Penal Code, 1860, deals with bigamy and unlawful marriage when a spouse is still living. It penalizes individuals who marry another person while their lawful spouse is alive, without obtaining a legal dissolution of the first marriage.
Key points:
-
Applicable when a person knowingly contracts a second marriage while the first spouse is alive.
-
Punishment: Imprisonment up to 7 years, and fine.
-
Protects the sanctity of marriage, the rights of the first spouse, and family integrity.
For example, a man married to one woman who enters into another marriage without divorcing his first wife commits an offence under IPC 496. The provision ensures marital fidelity, prevents exploitation of the first spouse, and upholds legal and social norms regarding marriage.
Section: BNS 496
Marriage by person having a spouse living (Bigamy)
About BNS Section
Section 496 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 496. It punishes the act of entering into a second marriage while the first spouse is still living, maintaining the same legal intent, scope, and punishment.
BNS 496 continues to protect marriage integrity, spousal rights, and social stability. The provision underscores that knowingly marrying another person without legally dissolving the first marriage constitutes a criminal offence.
Key aspects of BNS 496:
-
Covers bigamy and unlawful marriages during the lifetime of a spouse.
-
Punishment: Up to 7 years imprisonment and fine, identical to IPC.
-
Focuses on preventing marital deception and safeguarding first spouse rights.
Thus, BNS 496 aligns fully with IPC 496, ensuring legal continuity in punishing unlawful marriages.