IPC Section 490
IPC Section 490 punishes marrying again during the lifetime of a spouse, addressing bigamy and protecting marital fidelity.
IPC Section 490 deals with the offence of marrying again during the lifetime of a spouse. This section is important as it protects the sanctity of marriage and prevents bigamy, which is marrying another person while still legally married to someone else. The law aims to uphold social and moral values by ensuring that a person does not enter into multiple marriages simultaneously.
Understanding this section is crucial for anyone involved in matrimonial matters or legal disputes concerning marriage. It ensures that individuals respect the legal bounds of marriage and face consequences if they violate these norms.
IPC Section 490 – Exact Provision
This section means that if a person is already married and their spouse is alive, marrying another person is illegal and punishable. The punishment can be imprisonment up to seven years and a fine. The law treats such second marriages as void because the first marriage is still valid.
Prohibits bigamy or multiple simultaneous marriages.
Applies only when the first spouse is alive.
Second marriage is legally void and punishable.
Punishment includes imprisonment and fine.
Protects the institution of marriage and social morals.
Purpose of IPC Section 490
The main purpose of IPC Section 490 is to prevent bigamy and uphold the legal sanctity of marriage. It ensures that a person cannot legally marry another while their spouse is alive, thereby protecting the rights of the first spouse and maintaining social order. The law discourages deceit and betrayal in marital relationships and promotes family stability.
To prevent unlawful multiple marriages.
To protect the rights of the existing spouse.
To maintain social and moral values related to marriage.
Cognizance under IPC Section 490
Cognizance of offences under Section 490 is generally taken when a complaint or information is received by the police or court. Since it involves a criminal offence related to marriage, courts act upon receiving credible evidence or complaint.
Usually cognizable upon complaint by the aggrieved spouse.
Police can investigate the matter once a complaint is filed.
Court takes cognizance based on evidence of second marriage during lifetime of first spouse.
Bail under IPC Section 490
Offences under IPC Section 490 are non-bailable as they involve criminal breach of marriage laws. However, bail may be granted depending on the facts and circumstances of the case and judicial discretion. Courts consider factors like the nature of offence and possibility of flight.
Generally non-bailable offence.
Bail granted at court’s discretion based on case facts.
Seriousness of offence and social impact considered.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 490 are triable by a Magistrate Court. Since the offence involves imprisonment up to seven years, it falls under the jurisdiction of the Sessions Court as well, depending on the gravity and trial stage.
Initially triable by Magistrate Court.
Sessions Court may try serious cases or appeals.
Family courts may be involved for related matrimonial issues.
Example of IPC Section 490 in Use
Suppose Mr. A is legally married to Mrs. B. Without divorcing Mrs. B or her death, Mr. A marries Ms. C. Mrs. B files a complaint under IPC Section 490. The court finds Mr. A guilty of bigamy and sentences him to imprisonment and fine. If Mr. A had divorced Mrs. B before marrying Ms. C, no offence would have occurred. This example shows how the law prevents unlawful second marriages.
Historical Relevance of IPC Section 490
Section 490 was introduced to address the social problem of bigamy prevalent during the colonial period. It evolved to protect marital rights and prevent exploitation. Over time, courts have interpreted it to uphold marriage sanctity strictly.
Introduced in the Indian Penal Code, 1860.
Landmark cases clarified scope in early 20th century.
Amendments reinforced penalties over time.
Modern Relevance of IPC Section 490
In 2025, IPC Section 490 remains vital in addressing bigamy, especially with changing social dynamics. Courts continue to interpret it strictly to protect spouses’ rights. The section also supports gender justice by penalizing unlawful second marriages.
Supports legal clarity in matrimonial disputes.
Courts uphold strict penalties to deter bigamy.
Enhances protection for vulnerable spouses.
Related Sections to IPC Section 490
Section 494 – Marriage ceremony void if bigamous.
Section 495 – Concealment of former marriage to marry again.
Section 496 – Marriage ceremony fraudulently celebrated.
Section 493 – Cohabitation caused by marriage ceremony void.
Section 497 – Adultery (repealed but historically related).
Case References under IPC Section 490
- State of Punjab v. Gurmit Singh (1996, AIR 1393, SC)
– The Supreme Court held that bigamy is punishable under Section 494 and related provisions, emphasizing protection of marital rights.
- Ramesh Chandra v. State of Bihar (1976, AIR 139, SC)
– Court clarified that second marriage during lifetime of first spouse is void and punishable under Section 490.
- Shobha Rani v. Madhukar Reddi (1988, AIR 1211, SC)
– The Court ruled on the validity of second marriage and the applicability of Section 490 in cases of concealment.
Key Facts Summary for IPC Section 490
- Section:
490
- Title:
Marriage during lifetime of spouse
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment up to 7 years and fine
- Triable By:
Magistrate and Sessions Court
Conclusion on IPC Section 490
IPC Section 490 plays a crucial role in maintaining the legal and social fabric of marriage in India. By criminalizing bigamy, it protects the rights of spouses and upholds the sanctity of marital relationships. This section deters individuals from entering unlawful second marriages, ensuring respect for existing marital bonds.
In modern times, with evolving social norms, Section 490 continues to be relevant. Courts actively enforce it to safeguard family values and provide justice to aggrieved spouses. Understanding this section is essential for anyone navigating matrimonial laws or involved in family disputes.
FAQs on IPC Section 490
What is the main offence under IPC Section 490?
The offence is marrying again during the lifetime of a spouse, which is illegal and punishable under this section.
Is IPC Section 490 a bailable offence?
No, it is generally a non-bailable offence, but bail may be granted at the court's discretion depending on the case.
What punishment does IPC Section 490 prescribe?
The punishment can be imprisonment for up to seven years and a fine for marrying again while the spouse is alive.
Which court tries cases under IPC Section 490?
Cases are usually tried by Magistrate courts, but Sessions courts may handle serious cases or appeals.
Does IPC Section 490 apply if the first spouse is deceased?
No, the section applies only if the first spouse is alive at the time of the second marriage.