IPC 494 → BNS 82: Bigamy

IPC 494 (now BNS 82): Bigamy — Marrying Again During the Lifetime of a Spouse

IPC Section 494 punishes a person who marries again during the lifetime of a living husband or wife, where such a marriage is void by reason of its taking place during the life of the existing spouse. From 1 July 2024 it continues as Section 82 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 82 (same as IPC 494)

Imprisonment up to 7 years, and fine. The bigamy penalty is unchanged from old IPC 494.

What changed from IPC to BNS?

There is no major change — only the section number moved from IPC 494 to BNS 82. The offence still depends on a valid subsisting first marriage and a second marriage that is void on that account. New FIRs cite BNS 82.

Worked example

A, whose first marriage is intact and undissolved, goes through a second wedding ceremony with C. Because the first marriage subsists and the second is void on that account, A commits bigamy under BNS 82 — and if A hid the earlier marriage from C, a graver charge follows.

Practical notes

• For advocates: a frequent battleground is proof of a valid second marriage — the essential ceremonies must be established. Where the former marriage was concealed from the new spouse, charge bigamy with concealment (IPC 495 to BNS 82(2)); a sham marriage gone through fraudulently is IPC 496 (BNS 83). Bigamy frequently accompanies cruelty (IPC 498A to BNS 85) complaints.
• This is generally a non-cognizable, bailable matter usually set in motion by the aggrieved spouse's complaint.