IPC Section 494: Marrying again during lifetime of husband or wife
Indian Penal Code, 1860 · Chapter 20: Offences Relating to Marriage
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶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.
¶Exception.-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.
¶CLASSIFICATION OF OFFENCE
¶Punishment-Imprisonment for 7 years and fine-Non-cognizable-Bailable-Triable by Magistrate of the first class-Compoundable by the husband or wife of the person so marrying with the permission of the court.
¶State Amendment
¶Andhra Pradesh
¶Punishment-Imprisonment for 7 years and fine-Cognizable-Non-bailable-Triable by Magistrate of the first class-Non-compoundable.
¶[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].
Study: explanations and related material
Now BNS 82 (same provision). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p6
Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
- 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
- 496. Marriage ceremony fraudulently gone through without lawful marriage
- 497. Adultery [Declared unconstitutional by Supreme Court of India]
- 498. Enticing or taking away or detaining with criminal intent a married woman