Key Takeaways
- The correct BNS section for bigamy is Section 82, not Section 85 or 86. BNS Section 82(1) replaces IPC Section 494, and BNS Section 82(2) replaces IPC Section 495, effective from 1 July 2024.
- A second marriage without a valid divorce is void from day one and attracts criminal punishment of up to 7 years under BNS 82(1) and up to 10 years if the first marriage was deliberately hidden under BNS 82(2).
- Bigamy under BNS Section 82(1) is bailable and non-cognizable. Under Section 82(2) it becomes non-bailable. Police cannot arrest without a magistrate’s warrant in either case.
- Consent of the first wife does not make the second marriage legal. Even if she agrees in writing, the second marriage remains void, and the offence is still complete.
- As of 2026, the Supreme Court’s May 2024 ruling makes it mandatory to prove both marriages through proper evidence of valid rites. A bare confession by the accused is not enough to convict.
What is Bigamy? (Dvivvah kya hota hai)
Bigamy is the act of marrying a second person when the first marriage is still legally valid, and the first spouse is alive. In India, it is not just a personal or family matter. It is a criminal offence punishable with imprisonment.
The word “bigamy” covers two situations. First, where a person simply contracts a second marriage without divorce. Second, where a person hides the existence of the first marriage from the new spouse and then contracts a second marriage. The law treats the second situation as far more serious and punishes it more severely.
Bigamy is different from adultery. Adultery was a criminal offence under IPC Section 497, but the Supreme Court decriminalised it in Joseph Shine v. Union of India (2018). Adultery is now only a ground for civil divorce, not a crime. Bigamy, on the other hand, remains a criminal offence under the Bharatiya Nyaya Sanhita 2023, and the punishment has been carried forward from the old IPC.
What is BNS Section 82?
IPC Section 494 is now BNS Section 82(1). IPC Section 495 is now BNS Section 82(2).
BNS Section 82(1): Whoever, having a husband or wife living, marries again in any case where such marriage is void by reason of its taking place during the life of the first spouse, shall be punished with imprisonment up to seven years and shall also be liable to a fine.
BNS Section 82(2): Whoever commits the offence defined above and conceals from the new spouse the fact of the former marriage shall be punished with imprisonment up to ten years and shall also be liable to a fine.
Both sections came into force on 1 July 2024 when BNS replaced IPC across India.
Punishment Under BNS Section 82
Under BNS Section 82(1) – Basic Bigamy:
- Maximum imprisonment: 7 years
- Fine: At the court’s discretion
- Bail: Bailable (accused can get bail as a right)
- Cognizable: Non-cognizable (police need a magistrate’s order to act)
- Compoundable: Yes, with court permission
Under BNS Section 82(2) – Bigamy with Concealment
- Maximum imprisonment: 10 years
- Fine: At the court’s discretion
- Bail: Non-bailable (bail is at the court’s discretion, not a right)
- Cognizable: Non-cognizable
- Compoundable: Not compoundable
The concealment offence under Section 82(2) is the more dangerous charge. If a person hid the first marriage from the second spouse, the second spouse becomes both a victim of bigamy and a victim of fraud. The punishment reflects that.
Is Bigamy Bailable or Non-Bailable Under BNS?
BNS Section 82(1): Bailable. The accused has the right to bail. Police cannot refuse bail for this charge alone.
BNS Section 82(2): Non-bailable. Bail is not a matter of right. The accused must apply to the court, and the judge decides based on the facts.
In both cases, bigamy is non-cognizable. This means the police cannot register an FIR and arrest the accused directly. The complainant must go to a Judicial Magistrate First Class (JMFC) and file a private complaint under Section 200 of BNSS (which replaces Section 190 of the old CrPC). The magistrate then decides whether to issue a summons or a warrant.
Is a second marriage legal in India?
No. For Hindus, Sikhs, Jains, Buddhists, Christians, and Parsis, a second marriage without divorce is void and criminal under BNS Section 82. Muslim men may marry up to four wives under personal law with conditions. For everyone else, a second marriage without a divorce is illegal.
Bigamy vs Adultery: The Key Difference
Bigamy is the act of marrying a second person while the first marriage is valid. It is a criminal offence under BNS Section 82 with imprisonment up to 7 or 10 years.
Adultery was the act of having consensual physical relations outside marriage. The Supreme Court struck it down as a criminal offence in 2018 in Joseph Shine v. Union of India. There is no adultery section in BNS. It remains relevant only as a ground for divorce in civil proceedings, not as a crime.
Adultery is no longer a crime. Bigamy very much is, and the punishment is heavier in 2026 than it was under the old IPC because BNS Section 82(2) has been made non-compoundable.
Here is the shorter version:
Impact of Uniform Civil Code (UCC) on Bigamy Laws in India
Uttarakhand became the first state to implement UCC in 2024, making bigamy illegal for all residents regardless of religion. Muslim men in Uttarakhand can no longer rely on personal law to justify a second marriage. Other states are actively debating UCC implementation as of 2026.
If UCC applies nationwide:
- Muslim men will lose the personal law protection permitting up to four wives. A second marriage becomes void and criminal for every citizen without exception.
- BNS Section 82 will apply uniformly to all religions, closing all personal law exceptions currently available.
- Polygamy in any form will become completely illegal across India.
The direction is clear. Indian law is moving toward one uniform marriage standard for all citizens. Whether UCC reaches your state today or in the coming years, the safest position remains the same. One valid marriage, dissolved properly through court, before any second marriage is contracted.
Who Can File a Bigamy Complaint?
The first spouse is the primary complainant. They file a private complaint before the JMFC in the jurisdiction where the second marriage took place or where the parties reside.
The second spouse can also file, but specifically under Section 82(2), if the first marriage was hidden from them. They can additionally file for cheating under BNS Section 318.
Children of either marriage cannot file a bigamy complaint directly, but they can approach civil courts for maintenance and inheritance rights.
Third parties, such as relatives or neighbours, have no locus standi to file a bigamy complaint.
Rights of the Second Wife in a Bigamous Marriage
The second wife is in a legally difficult position because the second marriage is void. She is not a legal spouse. However, the courts have built in some protections.
On maintenance: She can claim maintenance under the Protection of Women from Domestic Violence Act 2005 if she lived with the man as a domestic partner, even if the marriage is legally void.
On children: Children born from a void second marriage are legitimate under Section 16 of the Hindu Marriage Act. They have full inheritance rights from both biological parents.
On property: The second wife generally cannot claim a share of the husband’s property as a legal heir. The first wife retains that right.
On criminal relief: If the first marriage was hidden from her, she can file under Section 82(2) BNS and additionally under BNS Section 318 for cheating and deception.
Important Case Laws on Bigamy
Sarla Mudgal v. Union of India (1995): A Hindu man converted to Islam and married a second wife without divorcing the first. The Supreme Court held that conversion does not dissolve a Hindu marriage. The first marriage remains valid. The second marriage is void. Bigamy charges apply. This judgment directly answers the widely searched query about conversion to Islam for a second marriage.
Lily Thomas v. Union of India (2000): The Supreme Court confirmed that a Hindu marriage can only be dissolved by a divorce decree under the Hindu Marriage Act. Religion change alone does not affect the validity of the first marriage.
Kollam Chandra Sekhar v. Kollam Padma Latha (2014): The court held that consent of both parties to the second marriage does not prevent bigamy prosecution. The first marriage must be legally dissolved. Consent is not a defense.
Supreme Court Ruling, May 2024: This is the most recent and important development as of 2026. The Supreme Court clarified that to convict for bigamy, the prosecution must prove three things: that a valid first marriage existed, that the first spouse was alive at the time of the second marriage, and that the second marriage was actually solemnised with valid rites and ceremonies. A bare admission by the accused alone is not enough to sustain a conviction.
How to Prove Bigamy in India
Here is what the complainant must prove in court.
Proof of the first marriage: Marriage certificate, photographs from the wedding, witness testimony, wedding cards, joint bank account statements, or any official record showing valid marriage rites were performed.
Proof that the first spouse was alive at the time of the second marriage: Medical records, Aadhaar or bank activity, voter ID usage, or witness testimony.
Proof of the second marriage: Marriage certificate of the second marriage if registered, photographs or video of the ceremony, and witness testimony confirming valid rites were performed.
Identity: That the same person contracted both marriages.
The court will not convict purely on an admission. Physical evidence of both marriages and the survival of the first spouse is essential.
Conclusion
Bigamy remains a serious criminal offence in India, now governed under BNS Section 82 with updated section numbers and stricter penalties. For anyone considering a second marriage in 2026, the law is unambiguous. You must dissolve the first marriage properly through a valid court decree before contracting any new marriage. Consent of the first spouse, long separation, or religious conversion does not make a second marriage legal.
Adv Preeti JD, based in Gurgaon, provides expert legal support in navigating complex family and matrimonial laws. From divorce proceedings to second marriage legality, bigamy defence, and maintenance disputes, her team ensures that you are protected, informed, and empowered at every step.
If you are facing a bigamy complaint, suspect your spouse has contracted a second marriage, or want to remarry legally and correctly, consult Advocate Preeti JD in Gurgaon today.Call Now or Book Online: +91 8800383046
FAQs
Which BNS section replaced IPC 494 for bigamy?
BNS Section 82(1) replaced IPC Section 494, and BNS Section 82(2) replaced IPC Section 495. Both are in force from 1 July 2024. There is no Section 85 or 86 for bigamy under BNS.
Is bigamy under BNS Section 82 bailable?
Under Section 82(1) it is bailable. The accused has the right to bail. Under Section 82(2), which applies when the first marriage was concealed, it is non-bailable, and bail is at the court’s discretion.
Is bigamy a cognizable offence under BNS?
No. Bigamy under Section 82(1) and Section 82(2) is non-cognizable. The police cannot arrest without a magistrate’s order. The complainant must file a private complaint before the JMFC under Section 200 BNSS.
Can a man marry a second wife with his first wife’s consent in India?
No. Consent of the first wife does not make the second marriage valid or legal. The second marriage is void from the beginning, and the offence of bigamy under BNS Section 82 is still complete regardless of consent.
What is the punishment for a second marriage without divorce under BNS in 2026?
If the first marriage was not dissolved, the punishment is up to 7 years under BNS Section 82(1). If the first marriage was hidden from the new spouse, the punishment increases to up to 10 years under BNS Section 82(2). A fine is imposed in both cases.
Who has the right to file a bigamy complaint under BNS?
The first spouse has the primary right to file. The deceived second spouse can also file under Section 82(2). The complaint goes before a judicial magistrate, not directly to the police, because the offence is non-cognizable.
What rights does the second wife have in a bigamous marriage in India?
The second wife is not a legal spouse because the marriage is void. She can claim maintenance under the Domestic Violence Act 2005 if she lived with the man as a partner. Children from the second marriage of the void are legitimate and have full inheritance rights from both parents.
Does converting to Islam allow a Hindu man to have a second wife?
No. The Supreme Court settled this in Sarla Mudgal (1995) and Lily Thomas (2000). Conversion to Islam does not dissolve a Hindu marriage. The first marriage remains valid, and the second marriage amounts to bigamy under BNS Section 82(1).
What is the difference between bigamy and adultery under Indian law in 2026?
Bigamy is a criminal offence under BNS Section 82 with imprisonment up to 7 or 10 years. Adultery was decriminalised by the Supreme Court in 2018 and does not appear as a criminal offence in BNS. Adultery is only a ground for divorce in civil proceedings.
What evidence is needed to prove bigamy in court after the 2024 Supreme Court ruling?
The complainant must prove three things: a valid first marriage existed, the first spouse was alive when the second marriage happened, and the second marriage was actually solemnised with proper rites and ceremonies. The May 2024 Supreme Court clarification states that a bare admission by the accused is not sufficient to sustain a conviction.
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