BACK TO SECTIONSAIR 1995 SC 1531AIR 2000 SC 1650
BailableCognizable: Non-CognizableMagistrate First Class
Reform Highlights
1
Consolidates IPC 494 and 495 into a single section.
2
Tiered punishment: 7 years (standard bigamy), 10 years (bigamy with concealment) — both maintained.
3
Non-cognizable and bailable status preserved.
THE STATUTE
The Clause
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; and if such person conceals 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.
Legal Commentary
Section 82 consolidates bigamy law into a single provision that covers two gradations of the offence. The basic offence — contracting a second marriage while the first legally subsists — carries up to 7 years. The aggravated form — actively concealing the existence of the first marriage from the second spouse — carries up to 10 years, recognising the additional moral wrong of deception towards the new partner. Bigamy in India is complicated by the intersection of personal law: under Hindu Marriage Act, Muslim Personal Law, and Christian Marriage Act, the rules on polygamy differ. For Hindus, Sikhs, Buddhists, and Jains, a second marriage during the lifetime of a first spouse (without a valid divorce) is void and constitutes bigamy. However, Muslim men are permitted up to four wives under personal law — making BNS 82 non-applicable in that context. This personal law exception has been the subject of ongoing constitutional debate. The non-cognizable nature of the offence (police cannot arrest without a magistrate's order) and its bailable status mean that bigamy cases move slowly through the courts and are often settled through civil divorce proceedings instead. This is widely seen as an inadequacy of the law.
Landmark Precedents
Sarla Mudgal v. Union of India (1995)
RELEVANCE
Supreme Court held that a Hindu man who converts to Islam to contract a second wife, without dissolving the first Hindu marriage, remains liable for bigamy under IPC 494 (now BNS 82) — the conversion does not automatically dissolve the first marriage.
Lily Thomas v. Union of India (2000)
RELEVANCE
Reaffirmed Sarla Mudgal — conversions to Islam solely to circumvent bigamy law do not shield the offender from prosecution under what is now BNS 82.
Case Simulations
"A Hindu man who marries a second woman without obtaining a divorce from the first wife — bigamy under BNS 82, punishable with up to 7 years."
"A man who falsely claims to be a widower and contracts a second marriage while his first wife is alive — concealment increases punishment to up to 10 years."
"A woman who, while her first husband is alive and their marriage undissolved, gets married to another person abroad — BNS 82 applies."
Expert Insights
Yes, bigamy remains bailable and non-cognizable. The police cannot arrest without a magistrate's warrant, and the accused can seek bail as a right.
Muslim personal law permits a Muslim man to have up to four wives. IPC 494 (now BNS 82) has an exception for marriages that are valid under personal law. However, the exception applies only if the personal law genuinely permits the marriage — courts have scrutinised this carefully.
Yes. The section uses 'husband or wife' — it applies equally to women who contract a second marriage during the subsistence of the first.