● Retained in BNS
Marrying again while a spouse is still living carries up to 7 years' imprisonment and fine under BNS Section 82(1), unchanged from IPC 494, with the same exceptions for a void former marriage or seven years' continuous, disclosed absence of the former spouse.
Section 494 IPC punished marrying again during the lifetime of a husband or wife, where the second marriage is void for that reason, with imprisonment of either description up to 7 years, and fine. An Exception excluded a marriage already declared void by a competent court, and a remarriage after the former spouse had been continuously absent and unheard-of for 7 years, provided the true facts were disclosed to the new spouse.
BNS Section 82(1) reproduces the IPC 494 text verbatim, including the full Exception. BNS also folds the old separate offence of bigamy with concealment (formerly IPC 495) into the same section as a new sub-section 82(2).
Unchanged in substance -- pure renumbering. The one structural change is that concealment-aggravated bigamy (old IPC 495) now sits in the same BNS section as sub-section (2), rather than as a separate section.
Imprisonment of either description up to 7 years, and fine..
IPC 494 is bailable..
This is a non-cognizable. offence.
Compoundable with the permission of the court, by the husband or wife of the person marrying again..
Matters under IPC 494 are tried before the Magistrate of the First Class..
Common defences include the former marriage having already been declared void by a competent court, and continuous, unheard-of absence of the former spouse for 7 years with full disclosure to the new spouse before remarriage.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons