What is the punishment for bigamy? Section 17 of The Hindu Marriage
Act 1955. Punishment for bigamy under Hindu Law and Indian Penal
Code section 494 and 495.
A person whose husband or wife is living marry again will
be punishable Section 17 of the Hindu Marriage Act 1955.
Provisions of Indian Penal Code Section 494 and 495 are also
applicable in this case.
Section 17 of the Hindu Marriage Act 1955 - Punishment
Any marriage between two Hindus solemnized after the
commencement of this Act is void if at the date of such
marriage either party had a husband or wife living; and the
provisions of Sections 494 and 495 of the Indian Penal Code
(45 of 1860) shall apply accordingly.
Section 494 of the Indian Penal Code says that:
"who ever having a husband or wife living, marries in any
case in which such marriage is void by reason of its taking
place during the life of such husband or wife, shall be
punished with imprisonment of either description of a term
which may extend to seven years and shall also liable to
But this section does not intend to any person whose
marriage with such husband or wife has been declared void by
a Court of Competent Jurisdiction.
Section 495 of the Indian Penal Code has provision of :
Same offence with concealment of former marriage from person
with whom subsequent marriage is contracted.
"Whoever commits the offence defined in the last
proceeding section having concealed from the person with
whom the subsequent marriage is contracted, the fact of the
former marriage, shall be punished with imprisonment of
either description for a term which may extend to ten years,
and shall also be liable for fine."