Section 494 IPC in HINDI
Channel: Gareeb-Akbar
Date: 2020-05-06

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Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—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.

Section 494 of the Indian Penal Code (IPC) is a criminal provision that deals with bigamy or marrying again during the lifetime of a husband or wife. The provision states that whoever marries during the lifetime of a husband or wife, whose marriage with such person is then still subsisting, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

According to section 494, it is an offence for a person to marry again while still being legally married to another person. The provision applies to both men and women and is considered a serious offence under Indian law.

Section 494 is a non-bailable and non-compoundable offence. This means that bail can only be granted by a Magistrate or court, and the case cannot be withdrawn or settled between the parties.

However, it's important to note that section 494 IPC will not apply if the first marriage has been dissolved by a court of law or the parties to the first marriage have been living apart for a period of not less than seven years before the second marriage.

Section 494 of the Indian Penal Code is an important provision that is intended to protect the rights of married individuals and to prevent bigamy. The provision is enforced by the police and is punishable by imprisonment and fine. However, it's worth mentioning that this section is rarely enforced, and the most common solution is to get the first marriage dissolved before getting into a second one, this is because of the complexity of the law and the burden of proving the offense.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.