Section 494 IPC: Marrying again during lifetime of husband or wife
Indian Penal Code, 1860
Section 494 IPC at a Glance
Section 494 IPC deals with marrying again during lifetime of husband or wife. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 82(1) BNS.
Imprisonment of either description for up to seven years.
Section 494 IPC Bare Act Text
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.
Source: Section 494, Indian Penal Code, 1860
Section 494 IPC in Simple Words
Section 494 of the Indian Penal Code (IPC) punishes a person who, having a husband or wife living, marries in any case in which that marriage is void by reason of taking place during the life of that husband or wife.
The punishment is imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.
The Exception excludes a person whose prior marriage was declared void by a Court of competent jurisdiction, and a person whose spouse has been continually absent for seven years and not heard of as alive, provided that person, before the marriage takes place, informs the person with whom it is contracted of the real state of facts so far as they are within his or her knowledge.
Ingredients of Section 494 IPC
- The accused already had a husband or wife living
- The accused married again during the life of that husband or wife
- The subsequent marriage is void by reason of its taking place during the life of that husband or wife
Punishment Under Section 494 IPC
Imprisonment of either description for up to seven years.
The offender is also liable to fine. The section prescribes no limit.
Marrying again during the lifetime of a husband or wife, where such marriage is void by reason of taking place during the life of that husband or wife, carries imprisonment of either description for up to seven years, and liability to fine.
Example of Section 494 IPC
When Section 494 IPC Does Not Apply
- The first spouse had died or the earlier marriage had been legally dissolved by divorce before the second marriage was contracted.
- A court of competent jurisdiction had already declared the earlier marriage void before the person married again.
- The earlier spouse had been continually absent for seven years without being heard of by the accused as alive, and the accused disclosed the true facts known to him or her to the new spouse before the ceremony.
- Under the personal law applicable to the parties, the subsequent marriage is not void by reason of taking place during the lifetime of the first spouse.
Section 494 IPC in the BNS
Section 494 IPC is now covered under Section 82(1) BNS.
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.
View detailed comparison (IPC 494 vs BNS 82(1)) →FAQs on Section 494 IPC
What does Section 494 IPC punish?▼
It punishes 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.
What is the punishment under Section 494 IPC?▼
Imprisonment of either description for a term which may extend to seven years, and the offender is also liable to fine.
What are the two limbs of the Exception to Section 494 IPC?▼
The Exception excludes a person whose prior marriage was declared void by a competent Court, and a person whose spouse has been continually absent for seven years, not heard of as alive, provided the new spouse is first informed of the real state of facts so far as they are within the knowledge of that person.
Is Section 494 IPC bailable and cognizable?▼
It is non-cognizable and bailable, triable by a Magistrate of the first class.
Can an offence under Section 494 IPC be compounded?▼
Yes. Under Section 320(2) CrPC, it can be compounded with the permission of the court by the husband or wife of the person so marrying.
Does Section 494 IPC apply if the subsequent marriage is not void under law?▼
No. The section applies only where the subsequent marriage is void by reason of taking place during the life of the living spouse.
Where is Section 494 IPC located in the Bharatiya Nyaya Sanhita?▼
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·