What is Bigamy? Meaning, Laws & Punishment in India
Bigamy means marrying again while your first, valid marriage still exists. In India, What is Bigamy is answered by law: it is illegal, the second marriage is void, and it is a criminal offence under BNS Section 82 (earlier IPC 494); if the first marriage is hidden, harsher punishment applies under BNS 82(2) (earlier IPC 495).
Why this matters
Bigamy harms spouses and children. It creates confusion about property, maintenance, and custody. If you are facing it, you need fast, lawful steps and support from experienced counsel. Explore our services: Divorce Lawyers in Bangalore, Criminal Lawyers in Bangalore, or our full Legal Services.
What is Bigamy – definition in simple terms
What is Bigamy in day‑to‑day language? If you have a living spouse and you marry someone else, you commit bigamy. The second marriage has no legal force. It remains void from the beginning. Courts treat it as if it never existed.
Bigamy Meaning: the term describes having two spouses at the same time or contracting a second marriage while the first is valid.
Bigamy Laws apply regardless of gender. The rules protect the rights of the first spouse and the integrity of marriage.
Need a full roadmap on dissolving a marriage? See our guides on the Divorce Process in Bangalore, Mutual Consent Divorce, and Contested Divorce in India.
Is bigamy legal in India?
No. What is Bigamy under Indian law? It is illegal. The Bharatiya Nyaya Sanhita (BNS) 2023, Section 82, makes bigamy a crime. Earlier, the Indian Penal Code (IPC) Section 494 had the same core rule. If a person conceals the first marriage before marrying again, BNS 82(2) (IPC 495) prescribes stricter punishment.
Key points from Bigamy Laws in India:
- The second marriage is void in law.
- The offence is gender‑neutral.
- Concealment makes it more serious.
- Religion and personal law can change whether the second marriage is void; for example, conversion to another religion does not legalise a second marriage if the first marriage exists (see Sarla Mudgal v. Union of India and Lily Thomas v. Union of India).
If bigamy leads to family violence or coercion, read our primer on What is Domestic Violence.
Bigamy Laws – sections, punishment, and exceptions
Bigamy Laws are clear:
- BNS Section 82 (earlier IPC 494): Marrying again during the lifetime of a spouse is punishable with imprisonment up to 7 years, and a fine.
- BNS Section 82(2) (earlier IPC 495): If the first marriage is hidden from the new spouse, punishment may extend to 10 years, plus a fine.
Exceptions/defences commonly seen under Bigamy Laws:
- First marriage void/voidable: If a court declares the first marriage void or annulled, a fresh marriage is not bigamy.
- Presumption of death: If a spouse has been missing for 7 years and not heard of as alive, a second marriage may avoid liability. Courts examine facts very closely.
- Personal laws: If personal law permits more than one marriage (subject to conditions), the second marriage may not be void; seek specific advice.
When property or support becomes disputed after a second marriage, also see: Division of Property after Divorce and Maintenance & Alimony in Divorce.
What is a bigamous marriage?
A bigamous marriage is the second marriage entered into while a valid first marriage survives. By law, it is void. It does not create spousal rights. Children born from such a union enjoy legal protections under other statutes, but the spouse from the second marriage does not get the full status of a legally wedded partner.
For a strategy on ending a deadlock, read our step‑by‑step Contested Divorce in India, or plan a faster path with Mutual Consent Divorce.
Landmark rulings you should know
Two Supreme Court rulings answer what is Bigamy when someone converts just to remarry:
- Sarla Mudgal v. Union of India (1995): Conversion to Islam to marry again does not end obligations under the first marriage; the second marriage is void and punishable.
- Lily Thomas v. Union of India (2000): The Court reaffirmed this view. Duties under the first marriage continue despite conversion.
These cases guide trial courts across India.
Is bigamy a criminal offence in India?
Yes. What is Bigamy in criminal terms? It is a cognizable by complaint offence tried by a Magistrate. Police and courts look for proof of two marriages and the validity of the first. If the first marriage never existed in law, bigamy does not arise.
If a case leads to arrest fears, learn about Types of Bails in India, Anticipatory Bail, and practical guides on How to Get Bail in Bangalore and how long bail takes (timeline guide). For choosing the right advocate, see Choosing the Right Criminal Lawyer.
What is the punishment for bigamy in India?
Under Bigamy Laws:
- Up to 7 years imprisonment + fine for a second marriage during a valid first marriage.
- Up to 10 years imprisonment + fine if the first marriage is concealed from the new spouse.
If an FIR is filed with added allegations (like cruelty), our case note on a recent High Court decision may help: Karnataka High Court upholds cruelty FIR. If the FIR is false or defective, read: Grounds for Quashing of FIR.
How to escape from bigamy in India – practical paths
“Escape” can mean two different things. You may want to avoid committing bigamy, or you may need to exit a bigamous situation that harms you.
A. Avoid committing bigamy
- Obtain a decree: Finalise a divorce decree or annulment before any new marriage.
- Check validity: Confirm whether the first marriage was valid in law. If it was void, record this through court orders.
- Get legal opinion: Seek a written opinion from counsel on personal‑law rules that apply to you.
- Document absence: If relying on a 7‑year absence, collect evidence and consider a declaration from the court.
- Tell the truth: Never conceal earlier marriage details. Concealment invites harsher punishment.
B. If you are a victim of bigamy
- Collect evidence: Marriage photos, invitations, admission, social posts, travel records.
- File a complaint: With the police or Magistrate under BNS 82/82(2).
- Decide on divorce: Start with our guides: Divorce Process in Bangalore, Mutual Consent Divorce, or Contested Divorce in India.
- Secure finances: Consider Maintenance & Alimony and Division of Property.
- Safety first: If threatened, read about Types of Bails and anticipatory bail options.
Need help with other legal issues that sometimes arise alongside marital disputes? Explore our explainers: NDPS Act, POCSO Act, How to File a Cheque Bounce Case, and Unfreezing a Bank Account From Cybercrime.
FAQs
What is Bigamy in India?
It means marrying again while your first, valid marriage still exists. The second marriage is void and punishable under BNS 82.
Is bigamy illegal in India?
Yes. Bigamy is illegal and a crime nationwide, subject to personal‑law specifics. Concealment of the first marriage makes it more serious.
Is bigamy a criminal offence in India?
Yes. It is a criminal offence. Punishment is up to 7 years, or 10 years with concealment.
What is the punishment for bigamy in India?
Up to 7 years + fine, and up to 10 years + fine if the first marriage was concealed.
What is a bigamous marriage?
It is the second marriage while a valid first marriage exists. It is void from the start and does not create spousal rights.
How to escape from bigamy in India?
Avoid it by getting a divorce decree first, or seek police/court help if you are the victim. Protect finances with alimony and property claims.
When to speak to a lawyer
If your spouse remarried or you worry that a planned wedding may be illegal, talk to us early. Review our Successful Cases, read our Blog, and learn more About Us.
Facing bigamy or planning a lawful exit?
Speak to our team now. Book a consultation with experienced Divorce Lawyers in Bangalore or Contact Us for quick, confidential help.
Disclaimer: This article provides general information. It is not legal advice. Laws change, and personal‑law rules vary. Please consult a lawyer for your facts.
