Section 495 IPC: Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Indian Penal Code, 1860

Section 495 IPC at a Glance

Section 495 IPC deals with same offence with concealment of former marriage from person with whom subsequent marriage is contracted. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 82(2) BNS.

Punishment

Imprisonment of either description for up to ten years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 82(2) →

Section 495 IPC Bare Act Text

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding section having concealed 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, and shall also be liable to fine.

Source: Section 495, Indian Penal Code, 1860

Section 495 IPC in Simple Words

Section 495 of the Indian Penal Code (IPC) punishes a person who commits the offence of bigamy defined in Section 494 IPC, having concealed the fact of the former marriage from the person with whom the subsequent marriage is contracted.

The punishment is imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

The offence is non-cognizable and bailable, triable by a Magistrate of the first class, and not compoundable.

Ingredients of Section 495 IPC

  • The accused committed the offence of bigamy defined in Section 494 IPC
  • The accused concealed the fact of the former marriage from the person with whom the subsequent marriage was contracted

Punishment Under Section 495 IPC

Imprisonment

Imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine. The section prescribes no limit.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Marrying again during the lifetime of a husband or wife, having concealed the fact of the former marriage from the subsequent spouse, carries imprisonment of either description for up to ten years, and liability to fine.

Example of Section 495 IPC

In 2012 in Mysuru, Gautam married Rekha, and their marriage remained legally valid while Rekha continued to live in Mysuru. In 2019, Gautam travelled to Mangaluru and contracted a second marriage with Nandini, falsely representing to Nandini that he was an unmarried bachelor and hiding his existing marriage to Rekha. Under the law applicable to them, the marriage with Nandini was void because Gautam's wife Rekha was living. Because Gautam committed the offence defined in Section 494 IPC while concealing the fact of his former marriage from Nandini, Gautam is punishable under Section 495 IPC.

When Section 495 IPC Does Not Apply

  • The accused disclosed the existence of the prior marriage to the person with whom the second marriage was contracted.
  • The earlier spouse was no longer living or the prior marriage had already been dissolved or declared void by a competent court before the subsequent marriage.
  • An exception to Section 494 IPC applied, such as seven years' continuous unheard-of absence of the former spouse accompanied by disclosure of the facts.

Section 495 IPC in the BNS

Section 495 IPC is now covered under Section 82(2) BNS.

Section 495 IPC is now Section 82(2) BNS. The cross-reference to the offence defined in the last preceding section is updated to the offence under the first sub-section, while the substance and punishment of imprisonment for up to ten years with liability to fine remain unchanged.

View detailed comparison (IPC 495 vs BNS 82(2)) →

FAQs on Section 495 IPC

What does Section 495 IPC punish?▼

It punishes whoever commits the offence defined in Section 494 IPC having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage.

What is the punishment under Section 495 IPC?▼

Imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

How does Section 495 IPC differ from Section 494 IPC?▼

Section 494 IPC punishes bigamy with imprisonment up to seven years. Section 495 IPC is an aggravated form applying when the prior marriage was concealed from the new spouse, raising the maximum term to ten years.

Is an offence under Section 495 IPC bailable and cognizable?▼

It is non-cognizable and bailable, triable by a Magistrate of the first class.

Can an offence under Section 495 IPC be compounded?▼

No. Section 495 IPC is not listed in Section 320 CrPC, so it cannot be compounded.

Under Section 495 IPC, what happens if there was no concealment of the former marriage?▼

If the subsequent spouse was informed of the existing marriage, Section 495 IPC does not apply, though the accused may still be liable under Section 494 IPC if the marriage was void.

Where is Section 495 IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 82(2) BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·