Marrying again during lifetime of husband or wife
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Summary
If someone whose husband or wife is still alive goes on to marry again in a situation where the later marriage is void for that reason, they can be punished with up to seven years imprisonment and a fine. If they hide the earlier marriage from the new partner, the punishment can increase to up to ten years and a fine. No punishment applies if the earlier marriage was already declared void by a competent court, or if the former spouse has been absent and unheard of for seven years and the new partner was told the true facts before marrying.
Example
Priya’s husband Ravi is alive, but Priya marries Aditya without getting the first marriage declared void and without telling Aditya. Because she concealed the earlier marriage, she faces punishment up to ten years imprisonment and a fine. If she had told Aditya or her first marriage was voided by a court, there would be no offence under that exception.
Bare Act
Enacted text(1) 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.
(2) Whoever commits the offence under sub-section (1) 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.
BNSS Classification
- 82(1) – Imprisonment for 7 years and fine.
- 82(2) – Imprisonment for 10 years and fine
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class
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