IPC Section 495: Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding 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 to fine.

IPC Section 495: Simplified Explanation

IPC Section 495 addresses the “Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.” This section is an extension of Section 494. Still, it applies in cases where the individual not only commits bigamy by marrying again during the lifetime of a husband or wife but also conceals this fact from the person they marry. The key element of this offence is the deceit involved in not disclosing the existing marriage to the new partner. 

Is IPC Section 495 bailable? 

IPC Section 495 is non-bailable. This indicates that bail is not an automatic right but is granted at the court’s discretion, reflecting the seriousness of the deceit involved in such cases. 

IPC Section 495 Punishment 

The punishment for an offence under IPC Section 495 is imprisonment for a term that may extend to ten years and is liable to a fine. Compared to Section 494, this enhanced punishment reflects the added gravity due to the deliberate concealment of a previous marriage from the new spouse. 

Example of IPC Section 495 

A real-life example of IPC Section 495 could involve a person who marries someone while still being legally married to another. The critical factor here is that the person hides the existence of the first marriage from their new spouse. Such cases often surface when the hidden first marriage is accidentally revealed, perhaps through legal documents, family interactions, or social media. These situations can lead to significant emotional and legal turmoil for all parties involved.

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