Bigamy Laws Under the BNS: Legal Implications for Second Marriages

Marriage is a legally recognised union that forms the cornerstone of family structure in India. Traditionally governed by personal laws like the Hindu Marriage Act, Muslim Personal Law, and Christian Marriage Act, marriage and its dissolution also fall under criminal scrutiny when legal norms are violated.

One such serious offence is bigamy—marrying again while the first spouse is still legally wedded. WWith the implementation of the Bharatiya Nyaya Sanhita (BNS) in 2023, India’s criminal laws have been restructured, replacing the Indian Penal Code (IPC). BNS introduces subtle yet significant changes in how bigamy is legally treated.

For individuals considering a second marriage, it is crucial to understand the implications under BNS to avoid criminal liability and protect family rights. This blog provides a comprehensive breakdown of bigamy laws under the BNS, including their penalties and exceptions, as well as the importance of expert legal counsel, such as that provided by Adv. Preeti JD in Gurgaon.

Bigamy (Second Marriage) Laws under BNS in 2025

What is bigamy?

Bigamy is defined as the act of marrying someone while being legally married to another person. Under Indian law:

  • Bigamy = Second marriage while the first is still valid and undissolved.
  • It is considered a criminal offence, not just a civil wrong.
  • Adultery vs. Bigamy:
    • Adultery is consensual sexual intercourse outside marriage without marrying the other person.
    • Bigamy occurs when a person enters into a second marriage while still legally married to another individual.

Bigamy is not merely a personal or family matter; it can attract criminal prosecution with imprisonment.

Bigamy (Second Marriage) Laws under BNS in 2025

With the BNS replacing IPC from July 2024, the section corresponding to IPC Section 494 and 495 has been revised and renumbered.

Relevant Provisions of BNS on Bigamy

  • Section 85 of BNS (corresponds to Section 494 IPC):
    “Whoever, having a husband or wife living, marries again shall be punished with imprisonment, which may extend to 7 years, and shall also be liable to a fine.”
  • Section 86 of BNS (corresponds to Section 495 IPC):
    If the person commits bigamy by concealing the fact of the first marriage, the punishment may extend to 10 years of imprisonment.

Key Takeaways:

  • Even if the second spouse is unaware, the act is punishable.
  • Consent of the first spouse does not validate the second marriage.
  • Offence is non-cognizable and non-bailable, meaning you can’t get bail as a matter of right.

1. Validity of Second Marriage

  • If the first marriage is not dissolved legally, the second marriage is null and void under personal laws and criminal under BNS.

2. Rights of the Second Spouse

  • The second wife is not legally recognised.
  • She may be denied inheritance or spousal benefits unless she can prove honest faith or lack of knowledge.

3. Children from Second Marriage

  • Children are considered legitimate under Section 16 of the Hindu Marriage Act.
  • They can inherit their biological parents’ property but may face legal complexities.

4. Who Can Initiate a Bigamy Complaint?

  • Usually, the first spouse initiates.
  • Second spouse or children may also approach the court, especially in cases of fraud or deception.

5. Impact on Marital Property

  • Property division will favour the first spouse in most legal scenarios.
  • The second wife might not be able to claim maintenance under personal law but may seek relief under the Domestic Violence Act.

Exceptions and Defences

While bigamy is a punishable offence, certain exceptions and defences exist:

1. Presumption of Death

If the first spouse is missing for seven years or more and presumed dead by the court, a second marriage is valid.

2. Divorce or Annulment

If the first marriage has been lawfully dissolved, the second marriage is legally valid.

3. Personal Law Exceptions

  • Muslim personal law permits polygamy (up to four wives), but civil implications still apply under secular laws like maintenance and property rights.

4. Good Faith

If the second spouse was unaware of the prior marriage and acted in good faith, this may be a mitigating factor, but doesn’t erase the offence.

Recent Cases and Judicial Approach

1. Sarla Mudgal v. Union of India (1995)

In a landmark case, the Supreme Court ruled that Hindu law invalidates conversion to Islam to enter into a second marriage. Bigamy was upheld as a criminal offence.

2. Lily Thomas v. Union of India (2000)

The case reaffirmed that a mere conversion does not nullify the first marriage. A Hindu man converting to Islam and marrying again is guilty of bigamy.

3. Kollam Chandra Sekhar v. Kollam Padma Latha (2014)

Reiterated that the first marriage must be legally dissolved for the second to be valid. Otherwise, the situation would be considered bigamy, even if both parties consented to the relationship.

BNS Approach

The judiciary is likely to continue interpreting bigamy stringently under BNS, as the sections are aligned closely with IPC, but with an emphasis on victim protection and women’s rights.

Steps to Take Before Entering a Second Marriage

Before entering a second marriage, follow these precautions to avoid legal troubles:

  • Confirm whether the divorce decree is final and valid.
  • Mutual consent divorce must have both decrees and timelines respected.
  • Certified copy of divorce/annulment decree.
  • Death certificate if previous spouse is deceased.
  • Legal consultation ensures you’re not stepping into a trap.
  • Counselling may help prepare emotionally and socially.

4. Registration of Marriage

  • Always register the second marriage with legal documentation.
  • Avoid secret ceremonies that lack legal standing.

Why Choose Adv Preeti JD: The Best Divorce Lawyer in Gurgaon

Expertise in Family Law & Bigamy Cases

With years of courtroom experience, Advocate Preeti JD is a trusted name in Gurgaon for resolving complex family disputes, including bigamy cases.

Each client is offered:

  • Individual attention.
  • Case-specific legal roadmaps.
  • Emotional support through tough times.

High Success Rate

  • Hundreds of clients have received favourable judgments.
  • Preeti JD’s litigation and mediation success rate remains among the highest in Gurgaon.
  • Located centrally in Gurgaon.
  • Virtual and in-person consultations.
  • End-to-end legal documentation and representation.

Services Offered by Preeti JD:

  • Bigamy & Second Marriage Legal Advice.
  • Mutual and Contested Divorce.
  • Child Custody & Maintenance Cases.
  • Domestic Violence & Dowry Law Defense.
  • Marriage Registration and Legal Validation.

Conclusion

Bigamy is a serious criminal offence in India, now reaffirmed under the Bharatiya Nyaya Sanhita with updated penalties and clarity. For anyone contemplating a second marriage, it is essential to dissolve the first marriage properly and seek legal advice to avoid prosecution.

Adv Preeti JD, based in Gurgaon, provides expert legal support in navigating complex family laws. From divorce to second marriage legality, her team ensures that you are protected, informed, and empowered at every step.

If you’re facing or suspect bigamy, or planning a second marriage, consult Advocate Preeti JD in Gurgaon today.
📞 Call Now or Book Online: +91 8800383046

FAQs

  1. Is bigamy a punishable offense under the BNS?

    Yes, under Section 85 and 86 of BNS, bigamy can lead to 7–10 years of imprisonment and a fine.

  2. Can a man remarry without divorcing his first wife?

    No, without a legal divorce or spouse’s death, a second marriage is illegal and punishable.

  3. What if the first marriage was unregistered?

    Even unregistered religious ceremonies constitute valid marriage under law if rituals are complete.

  4. Are there exceptions for marrying again?

    Yes, a person can marry again if their spouse is presumed dead after being missing for 7 years or if their first marriage has been lawfully annulled or divorced.

  5. Can a woman be charged for bigamy?

    Yes, both men and women can be prosecuted if they enter a second marriage unlawfully.

  6. Does bigamy affect children from a second marriage?

    No, children are legitimate under Section 16 of the Hindu Marriage Act and have inheritance rights.

  7. Can the second spouse file a case for deception?

    Indeed, she can file for fraud and seek protection, particularly if she concealed the first marriage.

  8. Can bigamy lead to property disputes?

    Yes, especially during inheritance or divorce. The first spouse’s rights usually take precedence.

  9. Is the consent of the first wife enough for a second marriage?

    No. Even with consent, a second marriage is void unless the first is legally dissolved.

  10. How can Preeti JD help in a bigamy case?

    Advocate Preeti JD offers expert legal advice, case filing, defense strategies, and courtroom representation tailored to bigamy-related issues.

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