IPC Section 494
IPC Section 494 defines the offence of marrying again during the lifetime of a spouse, addressing bigamy and its legal consequences.
IPC Section 494 deals with the offence of marrying again while the previous spouse is still alive. This act, commonly known as bigamy, is prohibited under Indian law to protect the sanctity of marriage and prevent social and legal complications arising from multiple simultaneous marriages.
The section ensures that individuals respect the legal bond of marriage and do not enter into another marriage without legally dissolving the earlier one. Understanding this provision is crucial for anyone involved in matrimonial matters or legal disputes related to marriage.
IPC Section 494 – Exact Provision
In simple terms, this section criminalizes the act of marrying a second time while the first spouse is still alive and the marriage has not been legally dissolved. It applies regardless of whether the second marriage is valid or not, focusing on the existence of the first living spouse.
Prohibits marrying again during the lifetime of a spouse.
Applies even if the second marriage is void.
Prescribes punishment up to seven years imprisonment and fine.
Protects the legal sanctity of the first marriage.
Ensures social order by preventing bigamy.
Purpose of IPC Section 494
The primary legal objective of IPC Section 494 is to uphold the institution of marriage by preventing individuals from entering into multiple marriages simultaneously. It aims to protect spouses from the emotional and legal harm caused by bigamy and to maintain social morality and order.
Prevents exploitation and injustice to the first spouse.
Maintains social and legal clarity in marital relationships.
Discourages unlawful multiple marriages.
Cognizance under IPC Section 494
Cognizance of an offence under Section 494 is generally taken when a complaint or information is received by the police or court. Since it is a cognizable offence, the police can register an FIR and start investigation without prior court approval.
Police can take cognizance suo motu or on complaint.
Investigation initiated without magistrate’s prior approval.
Courts proceed based on police report and evidence.
Bail under IPC Section 494
Offence under Section 494 is non-bailable due to its serious nature involving social and legal order. However, bail can be granted at the discretion of the court depending on facts and circumstances.
Bail is not a matter of right but of discretion.
Court considers factors like likelihood of fleeing or tampering with evidence.
Early legal representation helps in bail proceedings.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 494 are triable by the Sessions Court due to the severity of punishment prescribed. However, initial proceedings and bail applications may be handled by Magistrate courts.
Sessions Court tries the offence at trial stage.
Magistrate courts handle preliminary matters and bail.
Appeals from Sessions Court go to High Court.
Example of IPC Section 494 in Use
Consider a man who is legally married and his wife is alive. Without obtaining a divorce or annulment, he marries another woman. Upon discovery, the second wife files a complaint under Section 494. The court initiates proceedings, and if found guilty, the man faces imprisonment and fine.
In contrast, if the first marriage was legally dissolved before the second marriage, no offence under Section 494 occurs, and the second marriage is valid.
Historical Relevance of IPC Section 494
Section 494 has its roots in the Indian Penal Code drafted in 1860, reflecting the colonial legislature’s intent to regulate marriage and prevent bigamy.
1860: IPC enacted including Section 494.
Landmark cases clarified scope and application.
Amendments refined punishment and procedural aspects.
Modern Relevance of IPC Section 494
In 2025, Section 494 remains vital in addressing bigamy, especially with changing social dynamics and increasing awareness of matrimonial rights. Courts interpret it strictly to uphold marital sanctity and protect spouses.
Addresses challenges from interfaith and customary marriages.
Supports gender justice and protection of spouses.
Courts emphasize consent and legality in marriages.
Related Sections to IPC Section 494
Section 495 – Concealment of former marriage from second spouse
Section 496 – Marriage ceremony of person having spouse living
Section 498A – Cruelty by husband or relatives
Section 125 – Maintenance of wives and children
Section 497 – Adultery (now repealed but historically related)
Case References under IPC Section 494
- State of Punjab v. Gurmit Singh (1996 AIR 1393, SC)
– The Supreme Court held that bigamy is punishable even if the second marriage is void.
- Ramesh Chander Kaushik v. Union of India (2008 AIR 1615, SC)
– Clarified that Section 494 applies irrespective of religion, protecting marital sanctity.
- Shobha Rani v. Madhukar Reddi (1988 AIR 1219, SC)
– Emphasized the importance of consent and legality in marriages under IPC provisions.
Key Facts Summary for IPC Section 494
- Section:
494
- Title:
Marrying Again During Lifetime of Spouse
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment up to 7 years and fine
- Triable By:
Sessions Court
Conclusion on IPC Section 494
IPC Section 494 plays a crucial role in maintaining the legal and social fabric of marriage in India. By criminalizing bigamy, it safeguards the rights and dignity of spouses and ensures that marriages are entered into with respect to existing legal bonds.
Its enforcement promotes social order and discourages unlawful multiple marriages. As society evolves, this section continues to be relevant in protecting individuals from exploitation and upholding the sanctity of marriage.
FAQs on IPC Section 494
What is the punishment under IPC Section 494?
The punishment can extend up to seven years imprisonment along with a fine. The court decides the exact sentence based on case facts.
Is marrying again during the lifetime of a spouse always illegal?
Yes, unless the previous marriage is legally dissolved by divorce or annulment, marrying again is an offence under Section 494.
Can a woman be punished under Section 494?
Yes, the law applies equally to men and women who marry again during the lifetime of a spouse.
Is Section 494 a cognizable offence?
Yes, it is cognizable, meaning police can investigate without prior court approval.
Which court tries offences under Section 494?
The Sessions Court tries the offence, while Magistrate courts handle preliminary matters like bail.