Section 17 HMA: Punishment of bigamy
Hindu Marriage Act, 1955
Section 17 HMA at a Glance
Section 17 HMA makes a Hindu marriage void if either party has a spouse living on the marriage date. Bigamy carries up to 7 years imprisonment, or up to 10 years if the first marriage was concealed, plus liability to fine.
Up to 7 years under section 494 of the Indian Penal Code; up to 10 years under section 495 where the earlier marriage was concealed from the new spouse
Section 17 HMA Bare Act Text
17. Punishment of bigamy.
Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.
Section 17 HMA in Simple Words
Section 17 HMA declares bigamous Hindu marriages void and applies criminal punishment to bigamy. Under Section 17 HMA, any marriage solemnized between two Hindus after the commencement of the Act is void (invalid from the start) if either party had a husband or wife living on the date of that marriage. This reinforces Section 5(i) HMA, which requires that neither party has a spouse living at the time of marriage, and Section 11 HMA, under which a marriage contravening Section 5(i) HMA is null and void.
Beyond making the second marriage void, Section 17 HMA makes Sections 494 and 495 of the Indian Penal Code, 1860 apply. The Act still refers to the Indian Penal Code, 1860, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024; Section 82 BNS now covers both offences. Under Section 494 of the Indian Penal Code, marrying again during the lifetime of a husband or wife carries imprisonment of up to 7 years, and the offender is also liable to fine. Under Section 495 of the Indian Penal Code, where the earlier marriage was concealed from the new spouse, imprisonment extends up to 10 years, and the offender is also liable to fine.
Both offences are non-cognizable (so the police cannot register an FIR or arrest without a warrant), bailable (so the accused can claim bail as of right), and triable by a Magistrate of the first class. Bigamy under Section 494 of the Indian Penal Code can be compounded (settled) by the husband or wife of the person who married again, whereas the aggravated concealment offence under Section 495 cannot be compounded.
Ingredients of Section 17 HMA
- A marriage is solemnized between two Hindus after the commencement of the HMA.
- On the date of that marriage, either party has a husband or wife living.
- For the enhanced punishment up to 10 years under Section 495 of the Indian Penal Code (now covered under Section 82 BNS), the earlier marriage was concealed from the person with whom the subsequent marriage was contracted.
Punishment Under Section 17 HMA
Up to 7 years under section 494 of the Indian Penal Code; up to 10 years under section 495 where the earlier marriage was concealed from the new spouse
Liable to fine, in addition to imprisonment
Section 17 HMA applies sections 494 and 495 of the Indian Penal Code, which the Bharatiya Nyaya Sanhita, 2023 replaced from 1 July 2024; Section 82 BNS now covers both. Both offences are non-cognizable, bailable and triable by a Magistrate of the first class. Bigamy under section 494 can be compounded by the husband or wife of the person who married again; the concealment offence under section 495 cannot.
Bigamy carries imprisonment of up to 7 years under Section 494 of the Indian Penal Code, or up to 10 years under Section 495 where the earlier marriage was concealed from the new spouse, and in both cases the offender is liable to fine in addition to imprisonment (Section 82 BNS now covers both). Both offences are non-cognizable, bailable, and triable by a Magistrate of the first class. Bigamy under Section 494 can be compounded by the husband or wife of the person who married again, while the concealment offence under Section 495 cannot be compounded.
Example of Section 17 HMA
When Section 17 HMA Does Not Apply
- Where neither party had a husband or wife living on the date of the marriage.
- Where the marriage was solemnized before the commencement of the HMA, since Section 17 HMA applies to a marriage solemnized after the commencement of the Act.
- Where the marriage is not between two Hindus.
FAQs on Section 17 HMA
What is Section 17 HMA?▼
Section 17 HMA makes any Hindu marriage solemnized after the commencement of the Act void if either party had a husband or wife living on the date of that marriage. Section 17 HMA also applies the criminal punishment provisions of Sections 494 and 495 of the Indian Penal Code, 1860 (now covered by Section 82 BNS).
Is a second marriage valid under Section 17 HMA if the first spouse is still living?▼
No. Under Section 17 HMA, any marriage solemnized between two Hindus while either party has a husband or wife living is void from the start.
What is the maximum punishment for bigamy under Section 17 HMA?▼
Up to 7 years, or up to 10 years if the earlier marriage was concealed. The offender is also liable to fine in addition to imprisonment under Sections 494 and 495 of the Indian Penal Code, 1860 (now covered by Section 82 BNS).
Is bigamy under Section 17 HMA a cognizable or bailable offence?▼
Non-cognizable and bailable. The police cannot register an FIR or arrest without a warrant, the accused can claim bail as of right, and a Magistrate of the first class tries the offence.
Can an offence of bigamy under Section 17 HMA be compounded?▼
Only where the earlier marriage was not concealed. Bigamy under Section 494 of the Indian Penal Code can be compounded by the husband or wife of the person who married again, whereas the concealment offence under Section 495 cannot be compounded.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·