Sia Sethi, O.P. Jindal Global Law School
Nakshatra Rayudu, O.P. Jindal Global Law School
Introduction
Bigamy refers to a marriage where one of the individuals is already legally married. It entails the act of being married to two spouses simultaneously. The second marriage to a person who is already legally wed is invalid and can be annulled, but it does not impact the validity of the first marriage.1 Sections 494 and 495 of the Indian Penal Code (IPC) proscribe the offence of bigamy which is categorised as non-cognizable, bailable, and compoundable offences. Under Section 494, the act of contracting a subsequent marriage during the existence of a prior spouse is criminalised. The accompanying explanation stipulates that this section does not apply if the initial marriage was void or if the previous spouse has been missing and untraceable for a continuous period of seven years. The prescribed penalty for this transgression entails a seven-year term of imprisonment, in addition to a monetary fine. Further, Section 495 addresses the offence of concealing the existence of a prior marriage from a subsequent spouse. Individuals found guilty of this offence may be subject to imprisonment for a period exceeding ten years, coupled with a financial penalty.2 While contemplating the ingredients of the offence of bigamy, the Supreme Court in the case Pashaura Singh v State of Punjab held that :-“Section 494 IPC, inter alia, requires the following ingredients to be satisfied, namely (i) the accused must have contracted the first marriage. (ii) He must have married again (iii) The first marriage must be subsisting (iv) The spouse must be living.”
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