Bigamy is the offence of contracting a second marriage while the first marriage is still subsisting, punishable under Section 494 of the Indian Penal Code, 1860 (now Section 82 of the Bharatiya Nyaya Sanhita, 2023) with imprisonment of up to seven years and a fine. Under Indian law, the legal treatment of bigamy varies by religion — it is an offence for Hindus, Christians, and Parsis, while Muslim personal law permits polygamy (up to four wives) for Muslim men.
Legal definition
Section 494 of the Indian Penal Code, 1860 provides:
Section 494: 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.
Section 495 IPC (Section 83 BNS) provides enhanced punishment when the second marriage is contracted by concealing the fact of the first marriage from the second spouse — imprisonment up to ten years and fine.
Under the Hindu Marriage Act, 1955, Section 17 provides that any marriage between two Hindus solemnised after the commencement of the Act is void if at the date of such marriage either party has a spouse living. The provisions of Sections 494 and 495 IPC apply to such marriages.
Under Muslim personal law, a Muslim man is permitted to have up to four wives simultaneously. Bigamy as an offence under Section 494 IPC does not apply to Muslim men marrying within this limit. However, a Muslim woman cannot marry a second husband during the subsistence of her first marriage.
Under the Indian Christian Marriage Act, 1872 and the Parsi Marriage and Divorce Act, 1936, bigamy is prohibited and renders the second marriage void.
How courts have interpreted this term
Sarla Mudgal v. Union of India [(1995) 3 SCC 635]
The Supreme Court held that a Hindu husband who converts to Islam solely for the purpose of contracting a second marriage, without dissolving the first Hindu marriage, is guilty of the offence under Section 494 IPC. The Court reasoned that the first marriage solemnised under Hindu law can only be dissolved under the Hindu Marriage Act, and conversion to Islam does not by itself dissolve a Hindu marriage. The Court also emphasised the need for a Uniform Civil Code under Article 44 of the Constitution.
Lily Thomas v. Union of India [(2000) 6 SCC 224]
Following up on Sarla Mudgal, the Supreme Court reiterated that a Hindu marriage can only be dissolved through the procedure prescribed under the Hindu Marriage Act. The mere fact of conversion does not amount to dissolution of the first marriage, and a second marriage contracted after conversion would be void under Section 494 IPC.
Priya Bala Ghosh v. Suresh Chandra Ghosh [AIR 1971 SC 1153]
The Supreme Court held that for a conviction under Section 494, the prosecution must prove: (1) the accused had a first marriage which was valid and subsisting; (2) the accused married again during the lifetime of the first spouse; and (3) the second marriage was solemnised with all necessary ceremonies required by the personal law applicable to the accused.
Why this matters
Bigamy sits at the intersection of criminal law, family law, and personal law, and its treatment exposes one of the most debated asymmetries in India's legal framework. The fact that polygamy is prohibited for Hindus, Christians, and Parsis but permitted for Muslim men has been a central argument in the long-running debate over a Uniform Civil Code.
For Hindu spouses, the practical implications are significant. A second marriage contracted during the subsistence of the first is not merely voidable — it is void ab initio under Section 17 HMA. The second spouse has no rights as a wife, and the first marriage remains unaffected. The offending party is liable to criminal prosecution under Section 494 IPC (Section 82 BNS), which can result in up to seven years imprisonment.
The Sarla Mudgal ruling closed an important loophole. Before this judgment, some Hindu men converted to Islam solely to contract a second marriage without dissolving the first. The Supreme Court made clear that this route is not legally available — the first Hindu marriage must be dissolved under the HMA before any second marriage can be valid. This principle was reinforced in Lily Thomas and remains settled law.
For practitioners, bigamy cases require careful attention to proof. The prosecution must establish the validity and subsistence of the first marriage, the performance of the second marriage with proper ceremonies, and the identity of the accused. Mere cohabitation without a valid second marriage ceremony does not constitute bigamy under Section 494.
Related terms
Broader concepts:
Related concepts:
Criminal dimension:
Frequently asked questions
Is bigamy a criminal offence in India?
Yes, for most communities. Under Section 494 IPC (Section 82 BNS), marrying again during the subsistence of a first marriage is punishable with imprisonment up to seven years and fine. However, Muslim men are exempt from this provision to the extent that Muslim personal law permits up to four simultaneous wives.
Can a Hindu man convert to Islam and marry a second wife?
No. The Supreme Court in Sarla Mudgal v. Union of India (1995) held that a Hindu marriage can only be dissolved through the procedure prescribed under the Hindu Marriage Act. Conversion to Islam does not dissolve a Hindu marriage, and a second marriage contracted after such conversion is void and constitutes the offence of bigamy under Section 494 IPC.
Is the second marriage void or voidable?
Under Section 17 of the Hindu Marriage Act, a second marriage contracted during the subsistence of the first is void — not voidable but void ab initio. It has no legal effect from the beginning, and the second spouse acquires no rights as a married partner.
Does cohabitation without marriage ceremonies constitute bigamy?
No. For a conviction under Section 494 IPC, the prosecution must prove that the second marriage was actually solemnised with proper ceremonies required by the applicable personal law. Mere cohabitation, even if the parties hold themselves out as married, does not constitute the offence of bigamy.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.