What is IPC Section 495?
IPC Section 495 sits in Chapter XX of the Indian Penal Code, "Of Offences Relating to Marriage." Section 494 defines the base offence of bigamy — marrying again during the lifetime of a husband or wife, where that marriage is void by reason of it taking place during the life of such husband or wife. Section 495 builds on this by adding an aggravating factor: the accused, in committing bigamy, also concealed the fact of the earlier marriage from the person with whom the second, bigamous marriage was contracted.
This provision is designed to protect the new, second spouse, who marries in good faith believing their partner to be legally free to marry. It reflects the heightened harm caused when bigamy is compounded by active deception of an unsuspecting party, as opposed to bigamy where the new spouse may already be aware of, or complicit in, the earlier marriage.
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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 495 IPC now corresponds to Section 82(2) of the BNS, which retains the same punishment framework.
Legal Provision — Text of Section 495 IPC
This provision must be read together with Section 494 (definition of bigamy) and, in most cases, the applicable personal law governing marriage (such as the Hindu Marriage Act, 1955, for Hindus), since courts have consistently held that the second marriage must be validly "solemnized" — i.e., performed with the essential ceremonies required by law — for the offence of bigamy, and therefore Section 495, to apply at all.
Punishment Under Section 495
| Punishment | Imprisonment of either description up to 10 years, and fine |
|---|---|
| Nature of Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Non-compoundable |
| Triable By | Magistrate of the First Class |
| Who Can Complain | Generally, the person aggrieved (typically the wife/husband), or, in specific circumstances, close relatives such as the father, mother, brother, or sister of the aggrieved person |
Note that Section 495 carries a maximum punishment of 10 years — significantly higher than Section 494's maximum of 7 years — reflecting the added seriousness of concealment against the new spouse.
Key Ingredients / Essential Elements
A valid, subsisting former marriage
The accused must have a valid, subsisting marriage to a living spouse at the time of the second marriage.
A validly solemnized second marriage
The second marriage must have been performed in accordance with the essential ceremonies required by the applicable law — courts have held that a second "marriage" lacking proper solemnization does not attract bigamy provisions at all.
Concealment specifically from the new spouse
The accused must have concealed the fact of the former marriage from the person with whom the second marriage was contracted — this concealment element is what distinguishes Section 495 from plain Section 494 bigamy.
What Should You Do — For Victims and For the Accused
If You Discovered You Were Deceived Into a Bigamous Marriage
- Gather evidence of the first, subsisting marriage — marriage certificate, wedding photographs, witnesses, or other proof.
- Preserve evidence showing the accused actively concealed the earlier marriage from you specifically.
- File a written complaint before the jurisdictional Magistrate, since the offence is non-cognizable.
- Consider parallel civil remedies, such as an annulment of the void second marriage and maintenance claims, alongside the criminal complaint.
- Engage a family/criminal lawyer to help navigate both the criminal complaint and any civil matrimonial proceedings.
If a Complaint Is Filed Against You
- Consult a criminal lawyer promptly, given the significantly higher maximum punishment compared to plain bigamy.
- Gather evidence if the second "marriage" was not validly solemnized with the essential ceremonies required by the applicable personal law — this can be a complete defence.
- Gather evidence if the second spouse in fact knew of the earlier marriage, since genuine concealment from that specific person is an essential ingredient.
- Being bailable, you are entitled to bail as a matter of right.
Complaint & Trial Process Under Section 495
Filing the Complaint
Being non-cognizable, the matter is generally initiated by a written complaint before a Magistrate by the aggrieved person, or in certain cases by close relatives on their behalf.
Inquiry
The Magistrate examines whether the first marriage was valid and subsisting, whether the second marriage was validly solemnized, and whether concealment from the new spouse is established.
Bail
Being bailable, the accused is entitled to bail as a matter of right.
Trial
The Magistrate of the First Class tries the case; since it is non-compoundable, it cannot be privately settled and withdrawn.
Important Cases on Section 495
Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564
The Supreme Court held that for an offence of bigamy under Section 494 (and by extension Section 495) to be made out, the second marriage must have been performed with proper ceremonies and in due form recognised by the applicable law — mere going through some ceremony with the intention of appearing married is not enough if the legally essential ceremonies were not performed.
Sarla Mudgal v. Union of India, 1995 AIR 1531
The Supreme Court held that a Hindu husband who converts to Islam solely to remarry, without having his first marriage under the Hindu Marriage Act legally dissolved, commits bigamy under Section 494 IPC — the conversion does not automatically dissolve the first marriage, and the second marriage remains bigamous and void as against the first wife.
Subhash Babu v. State of Andhra Pradesh (2011)
The Supreme Court broadened the interpretation of "wife" and "aggrieved person" under Section 494/495, focusing on the objective of the law over a narrow, technical construction of these terms in assessing who is entitled to complain and be protected.