Second marriage without divorce is a punishable offence in India. Understand the punishment, legal provisions, and its exceptions under the Bharatiya Nyaya Sanhita (BNS) 2023.
Introduction
In India, marriage is governed by personal laws as well as criminal laws. Second marriage without dissolving the first one is not a personal issue; it is a criminal act. With the coming into force of the Bharatiya Nyaya Sanhita (BNS), 2023, which has replaced the Indian Penal Code (IPC), the crime of bigamy is still there with more clear-cut and updated provisions.
What Is Second Marriage Without Divorce?
Second marriage without divorce is applicable to a person who:
- Marries again
- While the first spouse is still alive
- Without obtaining a valid divorce decree or annulment from a competent court
Second marriage without divorce is an illegal marriage and is considered bigamy under the Indian criminal law.
Legal Provisions Under Bharatiya Nyaya Sanhita, 2023
The offence of bigamy is now governed by BNS 2023, which has replaced the corresponding provisions of the IPC.
Relevant Sections
- Section 82 – Marrying again during the lifetime of husband or wife
- Section 83 – Concealment of former marriage
These provisions apply across India and are gender-neutral.
Punishment for Second Marriage Without Divorce Under BNS 2023
Section 82 – Bigamy
If a person contracts a second marriage while the first marriage is legally valid, the punishment includes:
- Imprisonment up to 7 years
- Fine, as decided by the court
Section 83 – Bigamy With Concealment
If the existence of the first marriage is concealed from the second spouse, the punishment includes:
- Imprisonment up to 10 years
- Fine
This is considered an aggravated offence due to fraud and deception.
Is Second Marriage Without Divorce Legally Valid?
No. A second marriage performed while the first marriage is still legally valid is:
- Void from the beginning (void ab initio)
- Not legally recognized
- Does not confer spousal rights
The second spouse does not acquire the legal status of a husband or wife.
Exceptions Where Second Marriage Is Not an Offence
The law provides limited exceptions:
1. Spouse Missing for Seven Years
If a spouse has not been heard of as alive for seven continuous years, and the person remarrying genuinely believes the spouse to be dead.
2. Valid Divorce or Annulment
If the first marriage has been legally dissolved through a divorce decree or annulment order.
3. Personal Law Considerations
Certain personal laws historically permitted polygamy, but criminal liability may still arise depending on the facts and judicial interpretations.
Who Can File a Complaint for Bigamy?
- The first spouse
- Any person aggrieved by the offence
A complaint must be filed before a Judicial Magistrate. The police cannot register an FIR without court permission.
Legal Remedies Available to the First Wife
The first wife may seek:
- Criminal prosecution under Sections 82 and 83 of BNS
- Maintenance under Section 125 of the CrPC
- Divorce on grounds of cruelty
- Protection under domestic violence laws
Rights of the Second Wife
Although the second marriage is void:
- Courts may grant maintenance
- Protection may be provided under the Protection of Women from Domestic Violence Act
Relief depends on whether the second wife was deceived or unaware of the first marriage.
Difference Between IPC 1860 and BNS 2023
| Aspect | IPC 1860 | BNS 2023 |
|---|---|---|
| Main Section | 494 | 82 |
| Concealment | 495 | 83 |
| Punishment | Up to 7 years | Same, clarified |
| Applicability | Gender-neutral | Gender-neutral |
Why This Law Is Important
Second marriage without divorce can result in:
- Criminal conviction
- Imprisonment
- Financial liability
- Serious social and legal consequences
The law aims to protect the sanctity of marriage and prevent exploitation, particularly of women.
Conclusion
Under the Bharatiya Nyaya Sanhita, 2023, contracting a second marriage without divorcing the first spouse is a serious criminal offence. Anyone planning to remarry must ensure the legal dissolution of their earlier marriage to avoid imprisonment, fines, and long-term legal complications.
Frequently Asked Questions: Second Marriage Without Divorce in India
Is second marriage without divorce a crime in India?
Yes. It is a criminal offence under Section 82 of BNS 2023.
What is the punishment for bigamy under BNS 2023?
Up to 7 years imprisonment and fine, and up to 10 years if the first marriage is concealed
Is the second marriage legally valid?
No. It is void and has no legal recognition
Can the second wife claim maintenance?
In certain cases, courts may grant maintenance under domestic violence laws.
