IPC Section 494 - Marrying Again During Lifetime Of Husband Or Wife

Section 494 of the Indian Penal Code (IPC) addresses the offense of bigamy, specifically the act of marrying again during the lifetime of a spouse. This provision aims to protect the sanctity of marriage and prevent the legal complications arising from multiple simultaneous marital relationships.

Legal Provision Of Section 494

“Section 494. Marrying again during lifetime of husband or wife.—

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 life 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.

Exception— This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor 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, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.”

Simplified Explanation Of IPC Section 494

Section 494 of the IPC applies when a person, being already married, marries again during the lifetime of their spouse. Section 494 provides for the following punishment

• Imprisonment for a term extending to seven years; and
• Fine

Exception To Section 494

This section provides two exceptions where the act of marrying again is not punishable:

• Marriage Declared Void by a Competent Court: If the first marriage has been annulled or declared void by a competent court, then the individual is not bound by the restrictions of Section 494.
• Continuous Absence of Spouse for Seven Years: If the spouse has gone absent and from whom there has been no communication for seven successive years, the individual can marry subsequently, provided he or she is subject to the following conditions:
  • The absent spouse must not have been heard alive by the individual during the said seven-year period.
  • The individual shall disclose the actual state of facts to the new spouse before the subsequent marriage.

Key Elements Of IPC Section 494

Here's a breakdown of the important elements:

Bigamy

This is the core idea of the section, which deals with the act of marrying another while being legally married to another person. The section forbids this and gives the penalties for bigamy.

Also Read : Legality of Bigamy In India

Void Marriage

A marriage which is not a valid marriage. According to law, a second marriage is a void marriage if it happens when the person is already legally married.

Court Of Competent Jurisdiction

A court authorized legally to make a decision on the concerned matter. The law states that this prohibition about remarriage does not apply if the first marriage has been declared void by a competent court.

Real State Of Facts

This refers to the facts regarding the former marriage that an individual is obligated to reveal to the new partner prior to re-marriage. When the spouse has been away for seven years without being heard of, the party marrying must reveal such facts before the new marriage.

Key Details Of IPC Section 494

Case Laws

Following are the landmark judgements related to Section 494:

Gopal Lal vs. State Of Rajasthan (1979)

The court clarified following ingredients for Section 494:

• A first marriage.
• The first marriage must still be subsisting when the second marriage is contracted.
• Both marriages must have been valid in the sense that the necessary ceremonies required by the personal law governing the parties had been duly performed.
• The second marriage becomes void by the virtue of the fact that it had taken place during the lifetime of one of the spouses.

Smt. Sarla Mudgal, President, Kalyani & Anr. vs. Union Of India & Ors (1995)

The court held that a second marriage of a Hindu husband after converting to Islam is void under Section 494 of IPC. His first marriage was not dissolved under Hindu law with his conversion to Islam. Hence, the second marriage during the subsistence of the first marriage would amount to bigamy and hence liable under Section 494 of IPC.

Lily Thomas, Etc. Etc. vs. Union Of India & Ors. (2000)

The court defined the key ingredients that must exist for an offense to be committed under Section 494 of IPC:

• A first valid marriage of the accused.
• A second marriage of the accused.
• The first spouse is still living at the time of the second marriage.
• The second marriage is considered void due to the existence of the first marriage.

Bigamy after conversion: If a person converts to another religion to marry a second time while the first marriage is still valid, that person is still liable to be prosecuted for bigamy under Section 494 of IPC.

The court further differentiates between the personal laws of various religions. It holds that the law governing the first marriage remains applicable to the parties, unless the first marriage is decreed to be dissolved by a decree.

S. Nitheen & Ors. vs. State of Kerala & Anr. (2024)

The court pointed out that, under Section 494, only the spouse who marries the second time can be charged with the offence simpliciter.

Challenges In Enforcement

Courts face following challenges in enforcing Section 494 of the IPC:

• Proof of the Second Marriage: Conviction demands proof that the second marriage was solemnized after following the due religious or legal ceremonies.
• Knowledge and Consent: The law requires that the new spouse must be made aware of the status of the previous spouse, making it complicated when there is deceit.
• Personal Law Conflicts: Diverse religious laws sometimes create interpretative challenges in applying Section 494 uniformly.

Conclusion

Section 494 plays a crucial role in upholding the institution of marriage and deterring bigamous relationships. While the law provides certain exceptions, the core principle remains: marrying again while a spouse is alive and the marriage is valid is a punishable offense.

FAQs

A few FAQs based on Section 494 of the IPC are:

Q1. Are there any exceptions to Section 494 of the IPC?

Yes, there are two exceptions: if the first marriage is declared void by a court, or if the spouse has been continuously absent for seven years and not heard from, after disclosing this fact to the new spouse. These are crucial defenses.

Q2. What constitutes a "void marriage" in the context of Section 494?

A void marriage is one that is not legally valid from its inception. A marriage declared void by a court does not count for the purposes of bigamy under Section 494.

Q3. What is the significance of "real state of facts" in Section 494?

If a spouse has been absent for seven years, the person remarrying must disclose this fact to the new spouse before the marriage. This disclosure is crucial for the exception to apply.