The punishment for bigamy in India depends on the personal law applicable to the parties. Under Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023, a person who marries again during the lifetime of their legally wedded spouse can face imprisonment of up to 7 years and a fine. If the person hides the first marriage from the second spouse, the punishment can extend to 10 years of imprisonment along with a fine. These provisions generally apply to marriages governed by laws that prohibit multiple marriages, such as the Hindu Marriage Act, 1955.
Detailed Explanation
The punishment for bigamy in India applies when a person enters into a second valid marriage while their first legally valid marriage is still in force and the first spouse is alive.
Bigamy is prohibited for most Indian citizens who are governed by personal laws that require monogamy. A second marriage performed during the subsistence of the first marriage is generally void and may also amount to a criminal offence.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of bigamy continues to be punishable, replacing the earlier provisions under the Indian Penal Code.
What is Bigamy?
Bigamy means marrying another person without legally ending the first marriage through divorce or annulment.
For criminal liability to arise, the first marriage must be legally valid and still subsisting on the date of the second marriage.
Punishment for Bigamy Under BNS
| Situation | Punishment |
|---|---|
| Second marriage during the lifetime of a legally wedded spouse | Imprisonment up to 7 years and fine |
| Second marriage after concealing the first marriage from the second spouse | Imprisonment up to 10 years and fine |
When is Bigamy an Offence?
A person may be prosecuted for bigamy if:
- The first marriage is legally valid.
- The first spouse is alive.
- There has been no valid divorce or annulment.
- The second marriage has been performed with the required legal ceremonies.
- The parties are governed by a law that prohibits multiple marriages.
If any of these conditions are missing, the offence may not be established.
Is Every Second Marriage Illegal?
No. A second marriage is not automatically illegal in every situation.
A second marriage is generally lawful when:
| Situation | Legal Position |
|---|---|
| First spouse has died | Second marriage is valid |
| Marriage legally dissolved by divorce | Second marriage is valid |
| First marriage declared void by a competent court | Second marriage may be valid |
| Personal law permits more than one marriage | Criminal offence of bigamy may not apply, subject to the applicable personal law |
Which Personal Laws Prohibit Bigamy?
Bigamy is prohibited under several personal laws, including:
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Indian Christian Marriage Act, 1872 (read with other applicable laws)
- Parsi Marriage and Divorce Act, 1936
Muslim personal law has different rules regarding marriage. A Muslim man may, under certain conditions, have more than one wife under personal law. However, this position may differ where special statutes apply or where the marriage was solemnised under the Special Marriage Act.
What Happens if Someone Commits Bigamy?
If bigamy is proved:
- The second marriage is generally treated as void.
- The accused may face criminal prosecution.
- The court may award imprisonment and impose a fine.
- The first spouse may seek divorce under the applicable personal law.
- Civil disputes relating to maintenance, inheritance, and property may also arise depending on the facts of the case.
Practical Example
Suppose a Hindu man marries a woman in 2020. Without obtaining a divorce, he marries another woman in 2025 following Hindu marriage ceremonies.
In this case:
- The second marriage is generally void.
- The first wife can file a criminal complaint for bigamy.
- The husband may be prosecuted under Section 82 of the Bharatiya Nyaya Sanhita, 2023.
- If he concealed the first marriage from the second wife, the enhanced punishment may apply.
Key Points / Important Facts
- Bigamy means marrying again while the first valid marriage is still subsisting.
- The first marriage must be legally valid for the offence to arise.
- Divorce legally ends the first marriage, allowing remarriage.
- Death of the first spouse also permits remarriage.
- The second marriage is generally void where bigamy is prohibited.
- Concealing the first marriage attracts a higher punishment.
- Criminal prosecution and matrimonial remedies can proceed separately.
- Proof of a valid second marriage according to the applicable personal law is usually necessary for conviction.
Legal Provision or Section
Bharatiya Nyaya Sanhita, 2023
Section 82 – Marrying again during the lifetime of a husband or wife
This section makes it an offence for a person to marry again while their legally wedded spouse is alive and the first marriage has not been legally dissolved. The punishment is imprisonment of up to 7 years and a fine.
If the person conceals the existence of the first marriage from the second spouse before the second marriage, the punishment may extend to 10 years of imprisonment along with a fine.
Hindu Marriage Act, 1955
- Section 5 lays down that neither party should have a living spouse at the time of marriage.
- Section 11 declares a marriage void if this condition is violated.
- Section 17 provides that such marriages attract criminal liability under the Bharatiya Nyaya Sanhita.
Important Supreme Court / High Court Judgments
Bhaurao Shankar Lokhande v. State of Maharashtra (1965)
The Supreme Court held that a conviction for bigamy requires proof that the second marriage was performed with the essential ceremonies required for a valid marriage.
Kanwal Ram v. Himachal Pradesh Administration (1966)
The Court ruled that merely admitting a second marriage is not enough. The prosecution must prove that a legally valid marriage ceremony actually took place.
Sarla Mudgal v. Union of India (1995)
The Supreme Court held that a Hindu husband cannot avoid the law against bigamy by converting to another religion solely for contracting a second marriage without dissolving the first marriage.
Frequently Asked Questions (FAQs)
Is bigamy a criminal offence in India?
Yes. For persons governed by laws requiring monogamy, bigamy is a criminal offence under Section 82 of the Bharatiya Nyaya Sanhita, 2023, and can result in imprisonment and a fine.
What is the punishment for hiding the first marriage?
If a person conceals the existence of the first marriage before entering into a second marriage, the punishment may extend to 10 years of imprisonment along with a fine.
Can a second wife file a complaint for bigamy?
Yes. If the law applies and the first marriage was concealed, the second wife may also have legal remedies, including filing a criminal complaint depending on the facts of the case.
Is a second marriage valid after divorce?
Yes. Once a valid divorce decree has dissolved the first marriage, a person is legally free to marry again.
Does the first spouse have to file the complaint?
Not always. Depending on the circumstances and applicable procedural law, a complaint may be filed by persons recognised under law. However, the first spouse is usually the person most directly affected.
Does conversion of religion make a second marriage legal?
No. Conversion by itself does not automatically dissolve an existing marriage. A person cannot escape liability for bigamy merely by changing religion to contract another marriage where the first marriage continues to be legally valid.
Conclusion
The punishment for bigamy in India is provided under Section 82 of the Bharatiya Nyaya Sanhita, 2023. A person who marries again during the lifetime of a legally wedded spouse may face imprisonment of up to 7 years and a fine, while concealing the first marriage can lead to imprisonment of up to 10 years and a fine. Since the legality of a second marriage depends on personal laws and the facts of each case, anyone facing a dispute involving bigamy should seek legal advice before taking further action.
Sources & References
- India Code – https://www.indiacode.nic.in
- Supreme Court of India – https://www.sci.gov.in
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