What is Bigamy in Criminal Law?

In India, the act of bigamy is considered a serious offence under the Indian Penal Code (IPC). Bigamy refers to the act of marrying someone while already being married to another person. 

What the Law Says

As per the IPC, Section 494, “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 punishable by…”

Essential Ingredients of Bigamy

To establish the crime of bigamy, certain key elements must be present

1. Existence of a previous valid marriage

The accused must have entered into a legally recognised marriage before considering a second marriage. If the first marriage is legally valid, the subsequent marriage would be considered a case of bigamy.

2. Second marriage must be a valid marriage

Assuming the previous marriage does not exist, the second marriage would be deemed valid. However, if the first marriage is still in effect, the second marriage is considered void.

3. Second marriage void due to the subsistence of the previous marriage

Bigamy is committed when a person enters into a second marriage while the previous marriage is still legally binding. It is important to note that personal laws may differ and some may permit second marriages, thereby not constituting bigamy.

Tricky Area Conversion

One area that requires careful consideration is conversion. Regardless of an individual’s conversion to a different religion, the personal law under which they initially got married continues to govern their marriage. Thus, the act of converting to another religion does not invalidate the first marriage or authorise a subsequent marriage without legal consequences.

Illustrative Examples

1. Ramesh and Sita

Ramesh, a married man, enters into a second marriage with Sita without legally ending his first marriage. Ramesh can be charged with bigamy as he has violated the law by marrying Sita while his first wife is still alive.

2. Anita’s Unfortunate Choice

Anita, a married woman, falls in love with another man and enters into a second marriage without obtaining a divorce from her first husband. Anita’s actions constitute bigamy and she can be held accountable under the IPC.

3. Legal Polygamy

In certain personal laws, such as Muslim personal law, polygamy is permitted under specific conditions. If a Muslim man legally marries multiple women, it is not considered bigamy as long as he adheres to the conditions set forth in the personal law.

4. Sudden Discovered Marriage

Laxman, unaware of his first wife’s existence, unknowingly enters into a second marriage. Once he discovers the truth, Laxman must take immediate steps to legally dissolve his first marriage to avoid being charged with bigamy.

Summary

Bigamy is a serious offence in India, punishable under the IPC. The existence of a valid previous marriage, the validity of the second marriage and the subsistence of the first marriage are crucial elements to establish the crime of bigamy.