IPC 494→BNS 82(1)

IPC 494 to BNS 82(1): Marrying again during lifetime of husband or wife

Section 494 IPC (1860) replaced by Section 82(1) BNS (2023)

View IPC Section 494 →View BNS Section 82(1) →

IPC 494 to BNS 82(1) at a Glance

Section 494 IPC (Marrying again during lifetime of husband or wife) is now Section 82(1) BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 494 to BNS 82(1)?

Section 494 IPC is now Section 82(1) BNS. The wording of the offence and the punishment of imprisonment for up to seven years with liability to fine remain unchanged, except that the Exception now refers to this sub-section instead of this section.

IPC 494 vs BNS 82(1): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section49482(1)
OffenceMarrying again during lifetime of husband or wifeSame
PunishmentImprisonment of either description for up to seven years.Same
FineThe offender is also liable to fine. The section prescribes no limit.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByMagistrate of the first classSame

IPC 494 and BNS 82(1): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 494, IPC 1860

494. 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. 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.
BNS 2023 (in force)

Section 82(1), BNS 2023

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 sub-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.

Ingredients: IPC 494 vs BNS 82(1)

Under IPC 494
  1. The accused already had a husband or wife living
  2. The accused married again during the life of that husband or wife
  3. The subsequent marriage is void by reason of its taking place during the life of that husband or wife
Under BNS 82(1)
  1. A person having a husband or wife living who marries again
  2. The marriage being void by reason of its taking place during the life of that husband or wife

What IPC 494 to BNS 82(1) Means for Pending Cases

For Section 494 IPC (now Section 82(1) BNS): under Section 82(1) BNS, the offence and punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 82(1) BNS and is framed on the same elements as before.

FAQs: IPC 494 to BNS 82(1)

What changed when Section 494 IPC became Section 82(1) BNS?▼

Section 494 IPC is renumbered as Section 82(1) BNS. The definition and punishment are identical, and the Exception refers to this sub-section instead of this section.

Where does Section 494 IPC sit in the BNS?▼

In Section 82(1) BNS, in Chapter V, Of Offences Against Woman and Child.

Does Section 494 IPC or Section 82(1) BNS apply to an act done before 1 July 2024?▼

Section 494 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 494 IPC. Section 82(1) BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·