Bigamy law in India makes it an offence to marry a second time while a valid first marriage is still subsisting. For Hindus, Buddhists, Jains and Sikhs, such a second marriage is void and the person who marries again can be punished — under the erstwhile Section 494 of the Indian Penal Code (IPC), now re-enacted as Section 82 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The maximum sentence is imprisonment up to seven years and a fine.
In plain terms: a man or woman who already has a living husband or wife cannot validly marry someone else. If they do, the law treats the second "marriage" as if it never legally happened, and it may also amount to a criminal offence.
This guide explains how bigamy law in India works under the Hindu Marriage Act, 1955 (HMA) and the criminal codes — including the conditions that make a marriage monogamous, when a second marriage is valid or void, the punishment, the recognised exceptions, and the practical steps available to an affected spouse.
Note on changing section numbers: India replaced the IPC with the BNS and the Code of Criminal Procedure (CrPC) with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both effective 1 July 2024. Older judgments and articles still cite IPC 494/495 and CrPC 198. The substance is largely carried forward, but always verify the current section number for your specific date and facts with an advocate.
What is bigamy under Indian law?
Bigamy is the act of marrying one person while already lawfully married to another, with the first marriage still subsisting. The personal law governing your marriage decides whether monogamy is compulsory, and the criminal codes decide the punishment.
For Hindus, monogamy is built into the very definition of a valid marriage. Section 5(i) of the Hindu Marriage Act, 1955 lays down that a marriage may be solemnised only if neither party has a spouse living at the time of the marriage. Section 11 HMA declares a marriage that breaches Section 5(i) to be void. Section 17 HMA then provides that any such second marriage is void and that the offending spouse is liable to punishment under the bigamy provisions of the penal law.
The same monogamy rule applies under the Special Marriage Act, 1954 (Section 4) and the Indian Christian Marriage Act / Divorce Act framework, and under Parsi marriage law. Muslim personal law historically permitted a Muslim man up to four wives, which is the main religion-based distinction discussed below.
When is a second marriage valid — and when is it void?
This is the heart of "second marriage validity". A second marriage is valid only if the first marriage has already legally ended before the second is solemnised. A first marriage ends when:
- a decree of divorce has been granted and has become final; or
- the marriage has been annulled (declared null and void) by a competent court; or
- the first spouse has died.
If none of these has happened and the first marriage is still alive, a second marriage is void from the start (void ab initio) for those governed by the HMA and the Special Marriage Act.
| Situation | Is the second marriage valid? | Bigamy offence? |
|---|---|---|
| First spouse alive; no divorce/annulment yet | Void | Yes (potentially) |
| Divorce decree passed but appeal period not over | Risky / premature | Possibly |
| Divorce final / marriage annulled | Valid | No |
| First spouse has died | Valid | No |
| Second marriage not validly solemnised (no proper ceremony) | Not a valid marriage at all | No bigamy conviction (see Bhaurao Shankar Lokhande) |
| Muslim male marrying within permitted limit under personal law | Valid under personal law | No (subject to law/State) |
A crucial point Indian courts have repeatedly stressed: for a bigamy conviction, the prosecution must prove that the second marriage was properly solemnised with the essential ceremonies (such as saptapadi / homa where applicable). In Bhaurao Shankar Lokhande v. State of Maharashtra (1965) and Kanwal Ram v. State of Himachal Pradesh (1966), the Supreme Court held that a marriage not celebrated with the requisite ceremonies is not a "marriage" for the purpose of the bigamy section — so the criminal charge can fail even though the conduct is morally objectionable. A first wife's parallel civil remedies, however, are not affected by this technicality.
Punishment for bigamy in India
The punishment for bigamy sits in the penal code, while the personal law (HMA s.17) makes the second marriage void.
| Provision (old) | Provision (new, BNS 2023) | Conduct | Maximum punishment |
|---|---|---|---|
| IPC Section 494 | BNS Section 82(1) | Marrying again during the lifetime of a living spouse | Up to 7 years imprisonment + fine |
| IPC Section 495 | BNS Section 82(2) | Bigamy with concealment of the former marriage from the new spouse | Up to 10 years imprisonment + fine |
Nature of the offence (verify current BNSS classification): Under the IPC regime, bigamy under Section 494 was non-cognizable, bailable, and compoundable with the permission of the court, and triable by a Magistrate. Section 495 (concealment) was more serious. The corresponding classification under the BNSS should be confirmed for your matter, because cognizability and bailability decide how a complaint moves.
Who can file the complaint? Bigamy was not an offence the police could ordinarily register on their own. Under Section 198 of the old CrPC (now Section 222 BNSS, to be verified), a court takes cognisance of bigamy only on a complaint by the aggrieved spouse, or, in defined circumstances, by certain close relatives (father, mother, brother, sister, son or daughter, with leave of the court).
Exceptions to bigamy law in India
There are recognised exceptions where a "second marriage" does not attract the offence. The statutory exceptions appear in the explanation/proviso to the bigamy section itself, and others come from personal law:
- First marriage already void or dissolved. If the first marriage was itself void, or was validly dissolved by divorce or annulment before the second marriage, there is no subsisting marriage — so no bigamy.
- Death of the first spouse. A widow or widower marrying again commits no offence.
- Seven-year absence / presumption of death. If the first spouse has been continually absent and not heard of as alive for seven years, and this fact is disclosed to the new spouse before marriage, the bigamy section's exception can apply. The earlier marriage is not "concealed" and the prosecution's burden changes.
- Muslim personal law. A Muslim man marrying within the limit permitted by his personal law has historically been treated as outside the bigamy offence; a Muslim woman, and anyone who has converted merely to marry again, are different cases. The Supreme Court in Sarla Mudgal v. Union of India (1995) and Lily Thomas v. Union of India (2000) held that a Hindu who converts to Islam only to take a second wife does not escape Section 494 — the first Hindu marriage subsists and the second marriage is bigamous.
- No valid solemnisation of the second marriage. As noted, if the second union was never celebrated with the essential ceremonies, a criminal bigamy charge may not stand (though civil consequences and other offences may still follow).
These exceptions are narrow and fact-sensitive. Conversion to another religion is not a safe route around monogamy, and "we just live together" arrangements raise separate questions of maintenance and legitimacy of children rather than a clean escape.
Rights and remedies of the aggrieved first spouse
A first spouse facing a bigamous second marriage usually has parallel civil and criminal options, and the two can run together:
- Criminal complaint for bigamy (former IPC 494/495 → BNS 82) before the Magistrate.
- Petition for divorce on the ground of the spouse's bigamy/adultery, or a declaration that the second marriage is void under Section 11 HMA.
- Maintenance and interim relief under the matrimonial statute and the maintenance provisions (former Section 125 CrPC → BNSS), and protection orders under the Protection of Women from Domestic Violence Act, 2005 where applicable.
- Legitimacy and inheritance of children: even where the second marriage is void, Section 16 HMA protects the legitimacy of children born of such a marriage for the purpose of their rights — a point often misunderstood.
Because the criminal case can turn on proof of ceremonies while the civil case can turn on the subsistence of the first marriage, most spouses pursue the declaration of nullity and maintenance alongside, not instead of, the complaint.
How bigamy interacts with divorce and matrimonial cases
Bigamy frequently surfaces inside ongoing matrimonial litigation — for example, as a ground when one spouse alleges the other has remarried, or as a defence/counter in cruelty and maintenance disputes. If you are already in a divorce proceeding, the discovery of a second marriage can strengthen grounds and affect maintenance.
For the underlying divorce framework, see our practice page on family and divorce law. You may also find our guides on cruelty as a ground for divorce and how to reply to a divorce notice useful. The authoritative statutory text of the Hindu Marriage Act, 1955 (including Sections 5, 11 and 17) is available on the Government of India portal at India Code.
Frequently Asked Questions
Is a second marriage automatically valid if the first spouse agrees?
No. Consent of the first spouse does not make a second marriage valid for Hindus. While the first marriage subsists, the second marriage is void under Section 11 HMA, regardless of anyone's permission.
What is the punishment for bigamy in India?
Marrying again during a spouse's lifetime carries imprisonment up to seven years and a fine (former IPC 494, now BNS Section 82(1)). If the earlier marriage was concealed from the new spouse, the maximum rises to ten years (former IPC 495, now BNS Section 82(2)). Verify the current section for your date.
Can a Hindu convert to Islam to take a second wife?
No. In Sarla Mudgal and Lily Thomas, the Supreme Court held that conversion to Islam solely to remarry does not dissolve the first Hindu marriage, so the second marriage remains bigamous and punishable.
Who can file a bigamy case?
Generally only the aggrieved spouse, and in defined situations certain close relatives with the court's permission, may file the complaint (former CrPC Section 198, now BNSS Section 222 — to be verified). It is usually not registered by police on their own.
Is the second marriage valid after a divorce decree?
Yes, once the divorce is final (and any appeal period has passed). Remarrying before the decree becomes final is risky and can be challenged.
Are children of a void second marriage illegitimate?
No. Section 16 of the Hindu Marriage Act protects the legitimacy of children born of a void or voidable marriage for the purpose of their legal rights, even though the marriage itself is void.
Does living together as a couple count as bigamy?
A criminal bigamy charge generally needs proof that the second marriage was solemnised with the essential ceremonies. Mere cohabitation may not sustain a bigamy conviction, though it can raise separate questions of maintenance and other offences.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
