Punishment of Bigamy: Section 17 of the Hindu Marriage Act, 1955

In India, the crime of bigamy is punishable under Section 494 of the Indian Penal Code. The object of this clause is to punish those who marry a second spouse while the first is still alive. This section applies to all Hindus (as defined in Section 17 of the Hindu Marriage Act of 1955), Christians, and Parsis, male and female. However, in the case of a Muslim, this clause applies only to females and not to males, who are authorized to have four wives at the same time.

Section 498 IPC, 1860

Bigamy, or marrying twice within the lifetime of a husband or wife, is a penal offence under Section 494 of the Indian Penal Code 1860 and Section 17 of the Hindu Marriage Act, 1955.

Section 494 of the Indian Penal Code 1860 prohibits remarrying during the lifetime of a husband or wife. It was decided that whoever has a living husband or wife and marries in any instance where such marriage is void by reason of taking place during the life of such a husband or wife would be punished with imprisonment for a time that might be up to 7 years as well as a fine.

The following section further says that the section does not apply where −

• Any person whose marriage to such a husband or wife has been declared null and void by a court of competent jurisdiction

• When the spouse had been missing for 7 years and had not been seen or heard from.

Hindu Marriage Act, 1955

As per Section 17 of the Hindu Marriage Act, 1955, it states the punishment of bigamy: "Any marriage between two Hindus (which includes Buddhist, Jain, or Sikh) solemnized after the beginning of this Act is void if, at the date of such wedding, either party had a husband or wife living; as well as the clauses of Sections 494 and 495 of the Indian Penal Code (45 of 1860) would be applicable accordingly."

Bigamy is an Offence

According to Section 5 of the Hindu Marriage Act of 1955, a marriage is only legitimate if neither of the individuals had a live spouse at the time of marriage. A second marriage is declared null and invalid by Section 11 of the Act.

Bigamy is not allowed if −

• If the first married husband or wife is no longer alive, or

• The first marriage has been declared null and void by a court of competent jurisdiction,

• The first marriage was ended through divorce,

• The first spouse was never seen or heard from for last seven years.

Essential Elements of Bigamy Offences

Major elements are −

Existence of a previous marriage

The existence of a previously committed marriage is one of the conditions necessary for the offence of bigamy. It criminalizes the act of a second marriage by a husband or wife with a living wife or husband. The second marriage is null and void. As a result, it is necessary to prove the offence of bigamy by demonstrating that the individual was previously married at the time of the second marriage. The first marriage should be properly contracted and should be ongoing at the time of the second marriage. If the first marriage is invalid, the second marriage does not constitute bigamy. The original husband or wife should still be alive when the second marriage is entered into.

Second Marriage Must Be Valid

In order to be eligible under the requirements of this section, both the first and second marriages must be valid. This signifies that all of the rites needed by the personal laws governing the parties to the marriage were carried out properly.

Second marriage to be Void solely by reason of the first husband or wife's living

The crime of bigamy is only committed when the second marriage is ruled void because it occurred during the life of the first wife or husband. It has no relevance in circumstances when the spouses' personal laws allow for a second marriage.

Filling Out a Bigamy Complaint

The aggrieved party (the legally married person—the first "husband" or "wife") may file a bigamy complaint in court or at the police station. A dissatisfied wife's father may also file a complaint under sections 494 and 495 of the Indian Penal Code.

The parties to the second marriage, not the first spouse, might submit a petition to declare the second marriage void.

Punishment under the Act

Bigamy is a bailable, non-cognizable, and compoundable offence with the approval of the court if committed under Section 494 of the IPC. The punishment will be imprisonment for a period of up to seven years, a fine, or both.

If the individual accused of bigamy has already completed the second marriage while concealing the fact of the previous marriage, he faces up to ten years in jail, a fine, or both. A violation of Section 495 is not compoundable.

Conclusion

It is widely accepted that in a country with diverse customs, languages, and religions, people tend to take advantage of legal loopholes. For example, there was a case where a man changed his religion just to ensure that he could marry fraudulently to keep two wives at the same time by changing his religion into Islam, where they are allowed to have four wives at the same time. It has been stated numerous times that no religion professes to violate moral standards; all religions emphasise the importance of loving, respecting, and supporting women and not using them as "an instrument of manipulation and exploitation," and in recent years, the malpractice of "bigamy " has slowed to a great extent, and reductions in such offences against women could only lead to the establishment of an ideal society to live in.

FAQs

Q1. What is the punishment for bigamy under Section 17?

Ans. It specifies that anybody who marries again during the lifetime of a husband or wife while having a surviving husband or wife faces a sentence of up to seven years in prison or a fine. Bigamy is an indictable and bailable offence.

Q2. Is bigamy a bailable offence?

Ans. Bigamy is a non-cognizable offence in India. If the offence is committed under Section 494 of the IPC, it is bailable and compoundable if the court grants permission. Bigamy is punishable by imprisonment for a maximum of seven years, a fine, or, in some situations, both.

Q3. What happens if a person hides their first marriage and contacts their second marriage?

Ans. A complaint for cheating could be filed under Section 415 of the IPC in case the person hides the fact of their first marriage.

Q4. Can an FIR be filed for bigamy?

Ans. If you have actual proof, it is simple to punish him. File a complaint with the police, who will record a case, and then share that FIR with higher authorities, who will launch a domestic investigation and, finally, terminate his employment.