What is Bigamy in India?
What is Bigamy in India? | Process, Exceptions, Sections & FAQs
Marriage creates important legal rights and responsibilities. Therefore, a person generally cannot marry another person while a legally subsisting marriage continues.
When a person marries again during the lifetime of their husband or wife in circumstances where the second marriage becomes legally void, the law may treat the conduct as bigamy.
In India, the criminal provision relating to bigamy is now found in Section 82 of the Bharatiya Nyaya Sanhita, 2023 (BNS). This provision replaced the corresponding offence under Section 494 of the Indian Penal Code, 1860 (IPC).
However, bigamy does not depend only on the fact that two marriage ceremonies took place. Instead, the law examines whether the first marriage remained legally subsisting and whether the second marriage qualifies as a legally recognised marriage under the applicable personal law.
This article explains what bigamy means, applicable sections, the legal process, exceptions, punishment and frequently asked questions.
What is Bigamy?
Bigamy means marrying another person while the first legally subsisting marriage continues.
In simple words, if a person has a legally valid marriage with one spouse and, without legally ending that marriage, contracts another marriage, the second marriage may attract the law against bigamy.
However, the legal position depends upon the personal law governing the parties.
For example, under the Hindu Marriage Act, 1955, Section 5(i) requires that neither party should have a spouse living at the time of marriage. Section 11 treats a marriage violating this condition as void, while Section 17 provides the statutory consequence for bigamy.
Therefore, a proper bigamy case requires examination of both marriages, not merely proof that another ceremony took place.
Bigamy Under the Hindu Marriage Act, 1955
For Hindus, the Hindu Marriage Act, 1955 (HMA) provides an important statutory framework.
Section 5(i) – Condition Regarding Existing Spouse
Section 5(i) states that, at the time of marriage, neither party should have a spouse living.
Therefore, a Hindu person generally cannot validly marry another person while the first marriage continues.
HMA Section 11 – Void Marriage
Section 11 provides that a marriage becomes null and void if it contravenes certain conditions in Section 5, including Section 5(i).
Section 17 specifically addresses bigamy.
It provides that a marriage between two Hindus is void if, at the date of that marriage, either party had a husband or wife living. The section also applies the relevant criminal-law provisions concerning bigamy.
What are the Essential Ingredients of Bigamy?
A bigamy case generally requires careful proof of the following matters.
- Existence of the First Marriage
The complainant must establish that the accused had a legally recognised first marriage.
- First Marriage Was Subsisting
The first marriage must still have existed when the alleged second marriage took place.
- Second Marriage Took Place
The prosecution or complainant must establish that the accused actually contracted the second marriage.
Importantly, mere cohabitation or an alleged relationship does not automatically establish the offence of bigamy.
- Second Marriage Was Legally Recognisable
The court must examine whether the second ceremony satisfied the requirements of a marriage under the applicable personal law.
This issue can become particularly important in criminal proceedings.
Does Living With Another Person Amount to Bigamy?
No, not automatically.
A person may live with another person without contracting a legally recognised marriage.
Similarly, photographs, social-media posts or statements describing someone as a “husband” or “wife” may not by themselves establish all the legal ingredients required for a bigamy prosecution.
Therefore, the court examines the evidence concerning the alleged marriage and the applicable legal requirements.
What is the Process for Filing a Bigamy Case?
1 – Collect Evidence of the First Marriage
Collect documents and the strongest evidence depends upon the applicable personal law and facts.
2 – Collect Evidence of the Second Marriage
However, the court will examine whether the evidence establishes a legally recognised second marriage.
3 – Verify That the First Marriage Was Still Subsisting
This step is essential because bigamy generally requires a subsisting first marriage.
4 – Examine the Second Marriage Ceremony
The complainant should identify the ceremonies or legal formalities required by the applicable law.
5 – Approach the Competent Court
A complaint concerning bigamy must follow the applicable criminal procedure.
6 – Evidence and Trial
The prosecution must establish the ingredients of the offence according to the applicable standard of proof.
What is the Difference Between Bigamy and Adultery?
Bigamy concerns contracting another marriage while a legally subsisting marriage continues, subject to the applicable law.
Adultery concerns a spouse’s sexual relationship with another person.
Frequently Asked Questions About Bigamy
- What is bigamy?
Bigamy generally means marrying another person while a legally subsisting marriage continues, in circumstances where the subsequent marriage becomes void and the applicable criminal provision is attracted.
- Which section deals with bigamy in India?
Section 82 of the Bharatiya Nyaya Sanhita, 2023 deals with marrying again during the lifetime of a husband or wife. It replaced the corresponding Section 494 IPC provision.
- What was the old section for bigamy?
The corresponding provision under the old Indian Penal Code was Section 494 IPC.
The BNS now contains the corresponding offence in Section 82.
- What is Section 17 of the Hindu Marriage Act?
Section 17 deals specifically with punishment of bigamy for marriages between Hindus and makes a subsequent marriage void where either party already had a spouse living, subject to the statutory framework.
- Is the second marriage automatically valid if it is registered?
Registration alone may not necessarily overcome the statutory prohibition against bigamy.
The court must examine the validity of the marriage and the applicable law.
- Can a person marry again after getting a divorce?
Generally, a person may remarry after the divorce decree has become legally effective and the applicable law permits remarriage.
However, the person should verify whether any appeal or stay affects the right to remarry.
- Does living together with another person amount to bigamy?
Not automatically.
The prosecution must establish the legal ingredients of the offence, including the alleged second marriage where required.
Conclusion
Bigamy is a serious legal issue because Indian law generally prohibits a person from contracting another marriage while a legally subsisting marriage continues, subject to the applicable personal law and statutory exceptions.
Section 82 of the Bharatiya Nyaya Sanhita, 2023 governs the criminal offence of marrying again during the lifetime of a husband or wife. Under the Hindu Marriage Act, Sections 5(i), 11 and 17 also play an important role in determining the validity and consequences of a second Hindu marriage.
Therefore, before filing a bigamy complaint or contracting another marriage, a person should carefully verify the legal status of the existing marriage, any divorce decree, the applicable personal law and the relevant statutory provisions.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding but does not constitute legal advice and attorney and client relationship. For specific legal guidance, you can consult your legal expert.
