Whoever, 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 for a term which may extend to seven years, and shall also be liable to fine.
Exceptions
- This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
IPC Section 494: Simplified Explanation
IPC Section 494 pertains to “Marrying again during the lifetime of a husband or wife.” This section addresses the offence of bigamy, which occurs when a person marries someone. At the same time, their first spouse is still alive, and the marriage is still legally valid. The essence of this section is to uphold the sanctity and exclusivity of the marital relationship under the law.
Is IPC Section 494 bailable?
IPC Section 494 is bailable. This means that the accused has the right to be released on bail upon fulfilling certain conditions stipulated by the court.
IPC Section 494 Punishment
The punishment for an offence under IPC Section 494 is imprisonment for a term that may extend to seven years and liable to a fine. The intention behind this provision is to deter individuals from entering a second marriage without legally dissolving the first, thus protecting the rights and dignity of the existing marital partner.
Example of IPC Section 494
A real-life example of IPC Section 494 could involve a case where a person enters into a second marriage without obtaining a divorce from their first spouse. This often comes to light when the first spouse discovers the second marriage or when legal issues such as property rights or child custody bring the matter into public or legal scrutiny. Instances like these have been reported in various regions, highlighting the need for legal recourse to protect the rights of the first spouse against the deceit and potential harm caused by bigamy.
