2025-12-20

Bigamy in India: Law, Punishment, Defences and Practical Steps

Summary of the Article 

• In India, bigamy is marrying again while a first marriage is still legally valid. 

• It is a punishable offence under Section 494 of the Indian Penal Code, unless personal law permits multiple marriages. 

• Courts examine proof of the first marriage, the second ceremony, intention, and available defences before deciding guilt or granting relief.

Bigamy allegations often arise during emotionally difficult phases of marriage. You may be worried about your rights, the validity of a second marriage, or how the police and courts will respond. These concerns are common.

Indian law provides a structured framework. If handled carefully, bigamy cases move through clear legal steps based on evidence, not assumptions.

What Indian the Law Says 

Bigamy in India is primarily governed by criminal and personal law provisions.

a) Section 494, Indian Penal Code (IPC)

This section makes it an offence to marry again during the lifetime of a legally wedded spouse. The essential elements are:

• A valid first marriage

• A second marriage performed with proper ceremonies

• The first spouse being alive at the time of the second marriage

Punishment may include imprisonment up to seven years and a fine.

b) Section 495, IPC

Provides a higher punishment (up to ten years) if the second marriage is performed by hiding the first marriage.

c) Hindu Marriage Act, 1955

Section 5 establishes monogamy for Hindus. A second marriage while the first subsists is void under Section 11.

d) Muslim Personal Law

A Muslim man may marry up to four wives, subject to equal treatment and duties. However, certain State laws such as those in Jammu & Kashmir (pre-reorganisation) and community-specific norms may impose restrictions.

A Muslim woman cannot have more than one husband at a time.

e) Special Marriage Act, 1954

Parties married under this Act cannot contract a second marriage unless the earlier marriage is legally dissolved.

f) Christian and Parsi Law

Both follow a strict monogamy rule, making second marriages void unless there is a legal divorce.

In summary, bigamy is criminally punishable for most communities, except where personal law recognises plural marriage.

Challenges / Misuse / Practical Realities

Courts face several practical issues while deciding bigamy cases:

Difficulty in Proving Ceremonies

The prosecution must prove that both marriages were valid. A second marriage without proper ceremonies may not amount to bigamy.

Customs and Personal Laws

Different customs create confusion about what constitutes a valid marriage.

Concealment or Lack of Records

Some spouses avoid registration or perform temple marriages without witnesses, leading to evidentiary gaps.

Misuse in Marital Disputes

Occasionally, bigamy is alleged tactically during divorce or maintenance cases. Courts scrutinise all documents carefully.

Delays in Complaints

Late complaints may still be accepted, but courts examine the timing to understand the context. Overall, judges rely on clear, factual evidence rather than allegations alone.

Step-by-Step Remedies / Actions

If You Want to File a Bigamy Complaint

1. Collect Proof of the First Marriage: Obtain the marriage certificate, photos, witness statements, or any evidence proving valid ceremonies.

2. Gather Evidence of the Second Marriage: This may include photos, videos, invitations, social media posts, witness accounts, or hotel/venue records.

3. File a Police Complaint Under Sections 494/495 IPC: Provide all details clearly to avoid delays.

4. Seek Relief in Family Court: You may file for divorce, annulment, or maintenance along with the criminal case.

5. Request Protection Orders if Required: Family courts may grant interim support or restraint orders during proceedings.

If You Are Accused of Bigamy and Want to Defend Yourself

1. Challenge Validity of First Marriage: If essential ceremonies were missing, the first marriage may not be legally valid.

2. Question the Second Marriage Evidence: A casual relationship, live-in partnership, or informal ceremony is not bigamy.

3. Prove Divorce or Dissolution: If a divorce decree already existed, the offence does not arise.

4. Rely on Personal Law Exceptions: Applicable only in communities where multiple marriages are permitted.

5. Highlight Lack of Intention or Misidentification: False complaints may be defended with factual records.

Constitutional and Social Perspective

Article 21 protects the dignity and autonomy of individuals, but the criminalisation of bigamy reflects the State’s concern for equality, financial security, and social stability within families.

Article 14 ensures equal protection. Courts therefore balance cultural practices with the need to prevent exploitation, abandonment, and deceit in marriages.

Final Verdict

Bigamy is a serious matrimonial and criminal offence in India for most communities. It requires strict proof of both marriages, intention, and personal law applicability. If you are facing a bigamy issue either as a complainant or accused focus on facts, documentation, and proper legal steps.

At Family Kanoon, we guide clients by simplifying these complexities so they can proceed thoughtfully and confidently.