IPC 494 - Marrying again during the life-time of a husband or wife
Description of IPC 494
Description of IPC Section 494
According to section 494 of Indian penal code, 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.
IPC 494
| Offence | Marrying again during the life-time of a husband or wife |
| Punishment | 7 Years + Fine |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable | Sessions Court |
Imprisonment for up to seven years and a fine.
IPC 494 in Simple Words
If someone marries again while their previous husband or wife is still alive, and such a marriage is considered void, they can be punished with imprisonment for up to seven years and may also be fined.
Importance and Practical application
Prevents individuals from entering into a second marriage while their first spouse is still living.
Practical application:
Consider a situation where a man marries a woman and they live together for several years. However, he later marries another woman without legally divorcing his first wife. The second marriage is void due to the existence of the first marriage. If the first wife learns of the situation and chooses to report the man, he could be prosecuted under IPC Section 494. If found guilty, he may face imprisonment for up to seven years and a fine. This provision is essential for upholding the integrity of marriage and providing legal recourse for those affected by bigamous relationships.Conclusion
IPC Section 494 is a critical legal provision that addresses the issue of bigamy, which occurs when a person enters into a second marriage while their first spouse is still alive. This section underscores the importance of marital fidelity and the legal recognition of existing marital bonds. It serves to protect the sanctity of marriage and ensures that individuals cannot exploit the institution of marriage for personal gain or convenience.