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 fine".
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."
The Hindu Marriage Act (HMA) 1955
Section 2. Application of the Act
Section 3 and 4 of Hindu Marriage Act 1955
Section 5 Conditions for Hindu Marriage.
Section 6 and 7 of Hindu Marriage Act 1955
Section 8 Registration of Hindu Marriages
Section 9 Restitution of Conjugal Rights
Section 10 Judicial Separation
Section 11 Nullity of Marriage and Divorce- Void Marriages
Section 13A Alternate Relief in Divorce Proceedings
Section 13B Divorce by Mutual Consent
Section 14 No Petition for Divorce to be Presented within one year of Marriage
Section 15 Divorced Person, When may marry again
Section 16 Legitimacy of Children of Void and Voidable Marriages
Section 17 Punishment for Bigamy
Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act
Section 19 Court to which Petition shall be presented
Section 20 Contents and Verification of Petitions
Section 21 Application of Act 5 of 1908
Section 21A Power to transfer Petitions in Certain Cases
Section 21B Special Provision relating to trial and disposal of Petitions under the Act
Section 21C Documentary Evidence
Section 22 Proceedings to be recorded and may not be Printed or published
Section 23 Decree of Proceedings
Section 23A Relief for respondent in divorce and other proceedings
Section 24 Maintenance, Pendente lite and Expenses for Proceedings
Section 25 Permanent Alimony and Maintenance
Section 26 Custody of Children
Section 27 Disposal of Property
Section 28 Appeals from Decrees and Orders
Section 28A Enforcement of Decrees and Orders