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HINDU LAW — COMPREHENSIVE NOTES

Topic 86

Bigamy — S.494 IPC / S.82 BNS

Miscellaneous & Cross-Cutting Topics

Relevant Sections: S.494-495 IPC | S.82-83 BNS | S.17 HMA

Priority: HIGH | Exam Relevance: RJS/DJS/PCS-J

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Bigamy — S.494 IPC / S.82 BNS & S.17 HMA

1. Statutory Framework

A. Section 17 HMA — Punishment for Bigamy

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage, either party had a husband or wife living. The punishment is as provided in Sections 494 and 495 of the Indian Penal Code (now S.82 and S.83 of BNS).

B. Section 494 IPC / Section 82 BNS

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the lifetime of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

C. Section 495 IPC / Section 83 BNS

Same offence as S.494 but with the added element of concealment of the former marriage from the person with whom the subsequent marriage is contracted. Enhanced punishment: imprisonment up to ten years and fine.

2. Essential Ingredients

• The accused must have contracted the first marriage validly
• The first marriage must be subsisting (not dissolved by divorce or death)
• The accused must have contracted a second marriage
• The second marriage must be valid in the sense that necessary ceremonies must have been performed

The Supreme Court has held that if the second marriage is NOT performed with proper ceremonies, S.494 is not attracted. In Bhaurao Shankar Lokhande v. State of Maharashtra (AIR 1965 SC 1564), the SC held that the second marriage must be a ‘valid marriage’ in the sense that ceremonies must have been performed; a mere relationship or live-in arrangement does not constitute bigamy.

3. Conversion and Bigamy

The seminal Sarla Mudgal v. UOI (1995) and Lily Thomas v. UOI (2000) principles apply: A Hindu who converts to Islam and marries a second wife commits bigamy under S.494 IPC / S.82 BNS. The first Hindu marriage must be dissolved under the HMA before a valid second marriage can take place. Conversion does NOT dissolve the first marriage. (Detailed in Topic 80.)

4. Goa Exception

Goa follows the Portuguese Civil Code. Under the Codes of Usages and Customs of Gentile Hindus of Goa, a Hindu man has the right to bigamy under very specific circumstances: (a) if the wife fails to conceive by the age of 25; or (b) if she fails to deliver a male child by the age of 30. This is a unique exception not available in any other state.

5. Procedure and Evidence

• Complainant: The aggrieved spouse files a complaint. Under S.198 CrPC / S.223 BNSS, only the aggrieved party (or someone acting with their consent) can file.
• Evidence: The prosecution must prove: (a) valid first marriage; (b) subsistence of first marriage; (c) valid second marriage with ceremonies. Marriage certificates, photographs, witness testimony, and documentary evidence are crucial.
• Limitation: No specific limitation, but delay in filing may be considered by the court.

6. Key Case Law

7. Bigamy vs. Adultery — Distinction

8. Exam Tips

— End of Topic 86 —

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