What is IPC Section 494?
IPC Section 494 punishes a person who, having a spouse living, marries again in circumstances where that second marriage is void by reason of it taking place during the lifetime of the first spouse. This offence is commonly known as bigamy. It requires both the first and second marriages to be otherwise valid marriages, solemnised with the essential ceremonies recognised under the parties' applicable personal law — the second marriage is rendered void purely because of its timing relative to the still-subsisting first marriage, not for any other legal defect.
Section 494 sits within Chapter XX of the IPC ("Of Offences Relating to Marriage"), and works alongside provisions of relevant personal laws, such as Section 17 of the Hindu Marriage Act, 1955, which applies Sections 494 and 495 IPC to bigamous marriages between Hindus. Courts have clarified that the offence is applicable only to the person who marries for a second time during the subsistence of the earlier marriage — the second spouse, if unaware and otherwise unmarried, generally cannot be prosecuted under this section.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 494 IPC now corresponds to Section 82(1) of the BNS, which retains the identical definition and punishment of up to 7 years' imprisonment and fine. FIRs/complaints registered before 1 July 2024 continue to be tried under IPC 494; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 494 IPC
This section does not apply where the earlier marriage has been declared void by a court of competent jurisdiction, nor where the earlier spouse has remained continuously absent for seven years and has not been heard of as being alive, provided these facts are disclosed to the person with whom the subsequent marriage is contracted (as further detailed under the general exceptions in the Code).
Punishment Under Section 494
| Imprisonment | Up to 7 years (simple or rigorous) |
|---|---|
| Fine | Liable to fine, in addition to imprisonment |
| Nature of Offence | Non-cognizable — police cannot investigate or arrest without a warrant; a complaint is generally required |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Compoundable by the husband or wife of the person so marrying, with the permission of the court |
| Triable By | Magistrate of the First Class |
| Limitation Period | No specific limitation period applies — bigamy is treated as a continuing offence |
Key Ingredients / Essential Elements
The accused had contracted a valid first marriage
There must have been a legally valid first marriage, solemnised with essential ceremonies under the applicable personal law.
The first spouse was living at the time of the second marriage
The first husband or wife must have been alive when the accused contracted the second marriage.
The accused married again — a valid second marriage was contracted
The second marriage must also have been solemnised with the essential ceremonies required by the applicable personal law, not merely an informal arrangement.
The second marriage is void solely because of the timing
The second marriage must be void specifically and only because it took place during the subsistence of the first marriage — not for any other independent legal defect.
What Should You Do — For Complainants and For the Accused
If Your Spouse Has Remarried
- Since the offence is non-cognizable, a private complaint is generally filed before a Magistrate, supported by proof of the first marriage and evidence of the second.
- Marriage certificates, witnesses to both ceremonies, and photographs or invitations from the second marriage can serve as important evidence.
- Civil remedies under the applicable personal law (such as divorce or maintenance) may be pursued alongside or independently of the criminal complaint.
If a Complaint Is Filed Against You
- Since the offence is bailable, bail is available as a matter of right.
- A key defence is to show that the first marriage was not legally valid, had already been dissolved, or that the necessary ceremonies for the alleged second marriage were never actually performed.
- Since the offence is compoundable with the court's permission, an amicable settlement with the aggrieved spouse may be possible in appropriate cases.
Complaint & Process Under Section 494
Filing the Complaint
Since it is non-cognizable, a private complaint is filed before a Magistrate, along with supporting evidence of both marriages.
Magistrate's Inquiry
The Magistrate examines the complaint and evidence to determine whether to take cognizance and issue process against the accused.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial or Compounding
The case proceeds to trial before a Magistrate of the First Class, or the aggrieved spouse may seek to compound the offence with the court's permission.
Important / Landmark Cases on Section 494
Thimmappa v. Bharathi (2024)
The Karnataka High Court held that only the husband or wife who marries for a second time during the subsistence of the earlier marriage can be prosecuted under Section 494, quashing proceedings against family members who had merely participated in or facilitated the second marriage ceremony.
S v. State of West Bengal
The Calcutta High Court clarified that the offence under Section 494 applies only to the spouse who marries a second time during the subsistence of a valid first marriage, and not to the second wife or husband, who generally cannot be prosecuted under this section unless they were independently complicit in concealing the first marriage.