Bigamy
There are two Sections in the Indian Penal Code which deal with bigamy. The first deals with bigamy with the second ‘spouse’ knowing of an earlier marriage which is legally valid at the time of the subsequent marriage and the second deals with bigamy without the second ‘spouse’ knowing of an earlier marriage. In both cases, the subsequent marriage is void.
Section 494, IPC: The offence of bigamy involves marrying again during the life of one’s husband or wife. The second marriage is void by reason of its taking place during the life of such husband or wife. The offence is punishable with either simple or rigorous imprisonment for a term which may extend to seven years, and offenders are also liable to fine.
However, this section does not extend to any person whose earlier marriage has been declared void by a court of competent jurisdiction. Further, it does not apply 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, has been continually absent from such person for the space of seven years, and has not been heard of by such person as being alive as would have heard from him had he been alive within that time provided the person contracting such subsequent marriage, informs the person with whom such subsequent marriage is contracted of the real state of facts so far as the same are with in his or her knowledge shall, before the second marriage takes place.
Section 495, IPC: Whoever commits bigamy having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with either simple or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
