Section 17 Hindu Marriage Act: Bigamy, Void Second Marriage and Punishment
Section 17 of the Hindu Marriage Act, 1955 makes a marriage between two Hindus void when, on the date of that marriage, either party already has a living spouse and the earlier marriage is subsisting. For present-day criminal law, the corresponding bigamy offence is contained in Section 82 of the Bharatiya Nyaya Sanhita, 2023.
Updated: 27 September 2026
- A Hindu marriage requires, among other conditions, that neither party has a spouse living at the time of the marriage.
- A second Hindu marriage solemnized while the first valid marriage subsists is void under Section 17.
- For offences governed by the BNS, Section 82(1) provides imprisonment up to seven years and fine.
- If the former marriage is concealed from the person with whom the subsequent marriage is contracted, Section 82(2) provides imprisonment up to ten years and fine.
- The prosecution must prove the legally relevant marriages and the necessary solemnization or ceremonies; a mere relationship or assertion of marriage is not by itself enough.
What does Section 17 of the Hindu Marriage Act provide?
Section 17 is titled "Punishment of bigamy". In substance, it provides that a marriage between two Hindus solemnized after commencement of the Act is void if, at the date of that marriage, either party had a husband or wife living. The section also expressly refers to Sections 494 and 495 of the Indian Penal Code, 1860.
Connection with Section 5 of the Hindu Marriage Act
Section 5 of the Hindu Marriage Act lays down conditions for a Hindu marriage. Section 5(i) requires that neither party has a spouse living at the time of the marriage. Section 17 gives the consequence where two Hindus marry in breach of this monogamy requirement: the later marriage is void and the criminal law on marrying again during the lifetime of a spouse may apply.
Current punishment for bigamy under BNS Section 82
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024 and replaced the Indian Penal Code for offences governed by the new law. Section 82 of the BNS substantially carries forward the earlier IPC offences concerning remarriage during the lifetime of a husband or wife.
| Provision | Conduct | Maximum punishment |
|---|---|---|
| BNS Section 82(1) | Marrying again while a husband or wife is living, where the subsequent marriage is void for that reason | Imprisonment up to 7 years and fine |
| BNS Section 82(2) | The same offence, with concealment of the former marriage from the person with whom the subsequent marriage is contracted | Imprisonment up to 10 years and fine |
What must be proved in a bigamy case?
A bigamy case ordinarily requires proof of more than the fact that the accused lived with, described, or presented another person as a spouse. The first marriage must be shown to have existed and to have been subsisting at the relevant time. The prosecution must also establish the subsequent marriage in the manner required by the law and the form of marriage applicable to the parties.
For a Hindu marriage, Section 7 of the Hindu Marriage Act recognizes solemnization according to the customary rites and ceremonies of either party. Where the applicable rites include saptapadi, the marriage becomes complete and binding when the seventh step is taken. The Supreme Court has repeatedly treated proof of the necessary ceremonies as material in a prosecution for bigamy.
Exceptions recognized by BNS Section 82
Section 82(1) contains statutory exceptions. The provision does not extend to a person whose marriage with the former husband or wife has been declared void by a competent court. It also contains an exception where the former spouse has been continuously absent for seven years and has not been heard of as alive during that period, subject to disclosure of the true facts, so far as known, to the person with whom the subsequent marriage is contracted before that marriage.
Void marriage and divorce are different
A second marriage that falls within Section 17 is treated as void. This is different from dissolution of a valid marriage by a decree of divorce under Section 13. A person whose valid first marriage has been dissolved must also consider Section 15, dealing with when divorced persons may marry again.
IPC Sections 494 and 495: historical position
Before commencement of the BNS, IPC Section 494 dealt with marrying again during the lifetime of a husband or wife and prescribed imprisonment up to seven years and fine. IPC Section 495 dealt with the aggravated form in which the former marriage was concealed from the person with whom the subsequent marriage was contracted, and prescribed imprisonment up to ten years and fine. These provisions remain important when examining alleged conduct from the period when the IPC governed the offence.
Official legal sources
Frequently asked questions
Is every second relationship bigamy?
No. The criminal offence concerns a subsequent marriage of the kind described by the penal provision. Whether a legally relevant marriage was solemnized must be proved from the facts and applicable marriage law.
Is a second Hindu marriage valid while the first spouse is living?
If the first valid marriage is subsisting and Section 17 applies, the subsequent Hindu marriage is void. The facts of the first marriage, its subsistence, and the alleged subsequent solemnization remain legally important.
What is the current section for bigamy?
For offences governed by the Bharatiya Nyaya Sanhita, the corresponding provision is Section 82. For older alleged offences, the IPC provisions and transitional legal rules may remain relevant.
This article provides general legal information. Application of the law depends on the date of the alleged act, the form and validity of the marriages, applicable customs, evidence, and case-specific facts.