BACK TO SECTIONS
Side-by-Side Comparison

494 vs 82

The consolidation of bigamy (IPC 494) and bigamy with concealment (IPC 495) into a single BNS 82 with tiered penalties.

What Changed?

IPC had separate sections: 494 (standard bigamy) and 495 (bigamy with concealment).

BNS 82 merges both into one section with tiered punishments.

7 years for standard bigamy; 10 years if prior marriage was concealed.

Verdict

"Simplified legal reporting for bigamy cases while maintaining identical punishment scales."

Detailed Analysis

OLD LAW (IPC)

494

Act of 1860

Marrying again during lifetime of husband or wife

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.
Punishment7 years + Fine
REFORM
NEW LAW (BNS)

82

Act of 2024

Marrying again during lifetime of husband or wife

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.
Punishment7 or 10 years + Fine
1860
494 Origin
2024
82 Reform

Legal Implications

Section 82 of the BNS consolidates the laws against bigamy. It targets marrying again while a previous marriage is still legally valid, with enhanced punishment where the first marriage was actively concealed.

Practical Scenarios

"Marrying a second time while the first marriage exists (BNS 82)."

"Marrying someone while pretending to be single, hiding a secret first marriage (BNS 82 - enhanced penalty)."

Expert Q&A

Is bigamy a cognizable offence?

No, both in IPC and BNS, bigamy is non-cognizable, meaning police cannot arrest without a warrant.

Can the husband hide his previous marriage under Section 82?

No, if he hides it, it becomes an aggravated offence with punishment up to 10 years.

The Sarla Mudgal case — why is it significant for Section 494?

Sarla Mudgal v. Union of India (1995) held that a Hindu husband who converts to Islam solely to contract a second marriage remains guilty under Section 494 — conversion does not retrospectively void the first Hindu marriage for criminal law purposes.

Is bigamy a crime for all religious communities in India?

For Hindus, Christians, Parsis, and those married under the Special Marriage Act — bigamy is criminal. Muslim personal law allows limited polygamy for men, so Section 494 typically does not apply to a Muslim man's second marriage (unless married under the Special Marriage Act).

What is the difference between Section 494 (bigamy) and Section 495 (bigamy with concealment)?

Section 494 is the basic bigamy offence — 7 years. Section 495 is aggravated — where the prior marriage is actively CONCEALED from the second spouse — 10 years. If the second spouse already knew, Section 495's concealment element fails.

Related IPC Sections

495 : Bigamy with Concealment...

Related BNS Sections

81 : Deceitful Cohabitation...83 : Fraudulent Marriage Ceremony...

Deepen Your Legal Knowledge

Explore more side-by-side comparisons of the Indian Law reforms 2024. Detailed analysis for lawyers, students, and legal practitioners.

Explore All Comparisons