CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA 823001

SCHOOL OF LAW & GOVERNANCE

Project Topic: - Bigamy

Under the Supervision of:-

Dr.Pawan Kumar Mishra
(Head & Dean)
School of Law and Governance
Central University of South Bihar
Submitted by: -
Shubham Saurabh
B.A.LL.B (2018-23)
E.No: - CUSB1813125098
School of Law and Governance
Central University of South Bihar

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  PREFACE
As a part of the L.L.B Curriculum (as prescribed by The Bar Council of India) and in
order to gain practical and research knowledge in the field of law, I’m required to make a
project on this topic. Here, I have got the topic “Bigamy”, I required to make a project on
this specified topic. The Basic Objectives behind doing this project is to get more
knowledge about history and present scenario of laws regarding the offence related
marriage.

In this project I have include various effect and implication regarding celebrity
endorsement and analyses the concept of this section 494.

Doing this project helped me to enhance my knowledge regarding the rules, regulation
and laws prevailing in our country related to offence marriage especially Bigamy.

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  ACKNOWLEDGEMENT
This project is all about the “Offence of Bigamy”. Under Indian Penal Code 1860 under
Section 494. I take extreme pleasure in expressing my profound gratitude towards my
teacher Dr.Pawan Kumar Mishra (Head & Dean) School of Law & Governance. Who
gave me the golden opportunity to do the wonderful project on this topic, which also
helped me in doing a lot of research and I came to know about so many new things. I am
really thankful to him.

Secondly I would also like to thank my friends who helped me a lot in finalizing this
project within the limited time frame.

I owe my gratitude to our librarians who provided all the necessary information for
making a good project.

I also took the help of e-resource in finishing this project, there I visited many websites
which helped me a lot in getting authentic case laws.

I also want to thank my parents for providing everything whatever is required for the
completion of this project.

Finally, I would like to thank all the kith and kens who are a little bit part in helping me
for the completion of this project.

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  TABLE OF CONTENT

S.No. Content Page Number

1. TABLE OF CASES 05
2. ABSTRACT 06
3. INTRODUCTION AND HISTORICL 07-08
BACKGROUND
4. INGREDIENTS OF BIGAMY 09-10

5. NATURE OF OFFENCE 11

6. BIGAMY UNDER SPECIAL LAWS 11-16

7. SOME CASES ON BIGAMY 16-19

8. RECOMMENDATIONS BY 18TH LAW 20

COMMISSION ON BIGAMY

9. CONCLUSION AND SUGGESTIONS 21

10. BIBLIOGRAPHY 22

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  TABLE OF CASES
1. Narotam Singh v. State of Punjab,
AIR 1978 SC 1542
2. S.RadhikaSameena v. S.H.O., Habeeb Nagar Police station Hyderabad,
1997 Cri LJ 1655 (AP)
3. R. v. Tolson,
(1889) 23 QBD 168
4. SarlaMudgal v. Union of India,
AIR 1995 SC 1531
5. Lily Thomas v. Union of India,

AIR 2000 SC 1650, 2000 (3) Supreme 601

6. Surajmani Stella Kujur (Dr.) v. DurgaCharanHandah,

AIR 2001 SC 938
7. Begum Subhamu v. Abdul Ghafoor,
AIR 1987 SC 1103

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  ABSTRACT
The present project is all about Bigamy i.e., dealt under Section 494 Indian Penal Code.
Dealing with some historical aspect that was prevalent in Indian society and some bare
provisions on Section 494. Then coming on some anti-bigamy laws that deals with
several religion and communities available through all the territory of India. These anti-
bigamy laws are Hindu Marriage Act 1955, Parsi Marriage and Divorce Act, Christian
Marriage Act etc. In these Acts basically the provisions related to bigamy are focused so
that it can give a detail overview related to bigamy. Then some landmark cases on
bigamy like R. v. Tolson and some recent cases on bigamy are deal under this project.
There is a detail view on 18th Law Commission on India that was basically based on the
conversion of religion for bigamous purpose. There are also some recommendation
related to major changes required in our anti-bigamous Act. these recommendation will
be helpful for readers as well. It is hoped that this project on bigamy will give a detail
view on bigamy and will be fruitful for all.

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  INTRODUCTION& HISTORICAL BACKGROUND
Bigamy as stated in Indian Penal Code (1860) under Section 494 as a offence that if any
person having a spouse living, marries in any case where the later marriage is void by
reason of its taking place during the lifetime of the husband or wife of the former
marriage.

As stated in1 textual Hindu Law permitted polygamy for a man. The sanction for
polygamy in Dharmashastra-age can be deduced from a verse of Parasara, the law-giver
who prescribe three wives for a Brahmin, two for a Rajayan or Kshatriya and one for a
Vaishya. It is not a matter of long past that in India hypergamy brought forth wholesale
polygamy and along with it a misery, plight and ignominy to Brahmin woman having no
parallel in the world. A caste when sub-divided into different sections of different social
status the rule of hypergamy demanded that the parents must marry their daughters to a
man of equal social status if not higher. The parents of higher sections found it extremely
difficult to procure husband for their daughters from a higher section or man of equal
status. During those days there was no injunction of polygamy. Some Bengali-brahmin of
higher status utilized these social phenomena for earning their livelihood by indulging in
wholesale polygamy. Those Brahmin were popularly known as Kulin-Brahmin. They
used to marry innumerable women’s. Dr.N.S. Bose having quoted Willium Wards writes
“Kulinism has degraded into a state or monstrous polygamy. Family predigree had
become sort of marketable commodity.”

Not only in Bengal but hypergamy prevailed also in Anavli-Brahmins and Leva-patidars
of Gujarat, Rajputs of Gujarat and Rajasthan, Maratas of Maharashtra, and Nayars,
Kshatriya and Ambalavasis of Kerela.

In post-vedic India a king could take and generally took more than one wife, different
wives having different designation, for example mahisi(chief queen), patni, parivirkti and
vivata etc. Vivata means that most favourite wife, parivirkti meant a wife who bore no
children. When one had only one wife then she used to be called as patni.

1
SAHA on Marriages and Divorce, 4thEdn., p.37

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So far as Mahomedan males are concerned polygamy is only permissive in Islam, it is the
fundamental rights of a muslim to have four wives; therefore it can’t be said that any
provision of law in favour of monogamy involves the violation of Art.25 of the
Constitution. Muslim law permits polygamy but does not encourage it, and the koranic
injunction shows that in practice perfect equality of treatment on the part of the husband
is to not to have wife more than one.

There are numerous laws regarding marriages related offence in India and it is extremely
difficult for anyone to deal everything but as far as concerned about the mainstream laws
Indian penal code deal almost everything regarding offences. We have personal laws of
different religions like Muslim Personal law, Hindu Personal Law etc. These personal
laws overpower our Indian penal code in Various manner for example Muslim personal
Law can’t override Special Marriage Act. We have Hindu Marriage Act 1955 which
deals with all the parameters that requires to constitute marriage in Hindus. The history
of making of Hindu Marriage Act 1955 is interesting by the that initially all Hindus were
united together for boycotting the the Hindu Marriage Act 1955 although this Act was
going to benefit Hindus as clearly prescribing all the methods but Hindu saints used their
propaganda to fail this Act. They used to say that government is involving their nose in
the matter of religious belief of some particular religion. They also blame that why not
government is making the same law like Muslim Marriage Act their main contention was
that government is particularly targeting only one religion.

The history of these thing has long way but getting apart I have to deal with the
provisions of the offence related to Bigamy and I will focus only on that part.

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  INGREDIENTS OF BIGAMY
As I already mentioned that the offence of Bigamy is defined under Indian Penal code
1860 under section 494 and 495. Like all criminal offences, Bigamy requires mens rea for
conviction on a charge of Bigamy. The section 494 goes like this:

Section 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.

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 the fact so far as the same are
within his or her knowledge.

The essential ingredients derived from section 494 for the offence of Bigamy are as
follows:-

(1) That the accused spouse had already been married;

(2) That while the first marriage was subsisting, the spouse contracted a second
marriage.
(3) That both the marriage have been valid in the sense that the essential ceremonies
such as Dutta Homa2 and Saptapadi3 required by the personal laws governing the
parties had been duly performed (in case of Hindus)

2
Hindu Marriage Act 1955
3
Hindu Marriage Act 1955

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Section 494 exempts a person for bigamy in the following situations:-

(1) When the first marriage has been declared void and annulled by a court of
competent jurisdiction;
(2) When the husband or wife has been continually absent for a period of seven years
or more;
(3) The absent spouse must not have been heard of by the other party as being alive
within that period;
(4) The party marrying must inform of the fact of absence to the person whom he or
she within that period;
(5) When a valid divorce has taken place according to the law of the spouse.

Mohammedan males don’t come within the purview of this section since a Mohammedan
male may have four wives at a time according to his personal law4.

The section 494, Indian Penal Code opens with the words “whoever, having a husband or
wife living marries”. The expression “whoever marries” in section 494 I.P.C. must mean
“whoever marries validly” or “whoever marries and whose marries is a valid one”.

Various personal laws and customary laws require the performance of necessary
ceremonies and rites in order to constitute a valid marriage between two person of
opposite sex. What ceremonies are necessary depend upon the customs of the community
to which the parties belong.

There are two ceremonies essential to the validity of a Hindu marriage whether the
marriage be in the Brahma form or in the Asura from, namely –

(i) Invocation before the sacred fire and

(ii) Saptapadi, i.e., taking of seven steps by the bridegroom and bride before the
sacred fire.

 NATURE OF OFFENCE
4
SAHA on Marriage and Divorce, 4thedn.., pp 402-404

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The offence under Section 494 of the Indian Penal Code is non-cognizable, bailable and
compoundable by the spouse with the permission of the court. That the offence is
compoundable by the mutual consent of the parties was affirmed in Narotam Singh v.
State of Punjab5.

 BIGAMY UNDER SPECIAL LAWS

As the anti-bigamy provisions of the Indian Penal Code apply to all those whose
marriages are governed by any of the following legislative enactments regarding the
offence of Bigamy :-

(i) Special Marriage Act 1954

(ii) Foreign Marriage Act 1969
(iii) Christian Marriage Act 1872
(iv) Parsi Marriage and Divorce Act 1936
(v) Hindu Marriage Act 1955

 SPECIAL MARRIAGE ACT 1954

Monogamy is the rule under the Special Marriage Act 1954. Among the conditions for
solemnization of a civil marriage spelt out in the Act the foremost is that “neither party
has a spouse living” dealt under section 4(a).

In respect of Bigamy there are two different penal provisions under the Act. If a person
already married, under whatever law, fraudulently contracts a civil marriage the provision
of Section 43 of the Act reproduce below will apply:

“Save as otherwise provided in Chapter III, every person who, being at the time married,
procures a marriage of himself or herself to be solemnized under this Act shall be deemed
to have committed an offence under section 494 or section 495 of the Indian Penal Code,
as the case may be, and the marriage so solemnized shall be void.”

5
AIR 1978 SC 1542

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The other provisions contained in Section 44, reproduced below, is meant for a person
married under the special Marriage Act who contracts a second marriage under any other
law:

“Every person whose marriage is solemnized under this Act and who, during the lifetime
of his or her wife or husband, contracts any other marriage shall be subject to the
penalties provided in section 494 of the I.P.C for the offence of marrying again during the
lifetime of a husband or wife, and the marriage so contracted shall be void.”

Chapter III of the Act, referred to in Section 43 reproduce above, provides the facility of
turning a pre-existing marriage by registering it under this Act. This facility is also
available subject to the condition that “neither party has at the time of registration more
than one spouse living” – Section 15(b). If a person having more than one spouse living
fraudulently register either of his marriage under this Act he will be guilty of the offence
of knowingly making a false statement punishable under Section 45 of Act.

The anti-bigamy provision of the Special Marriage Act applies to every marriage
contracted under its provisions irrespective of the religion of the parties. A court has
specifically held that if a Muslim contracts a civil marriage under the Special Marriage
Act instead of his personal Law the anti-bigamy provisions of the Act will apply to him6.

However, if a person who has registered his pre-existing marriage under the Special
Marriage Act in terms of Section 15 contracts a second bigamous marriage, it is not clear
from the language of the Act if the provision of Section 44 reproduced above will apply
to the case. The words “Save as otherwise provided in Chapter III” in Section 43 are not
clear in their meaning. In the fitness of things, since ex post facto registration of a
religious or customary marriage turns it into a civil marriage for all purpose, the anti-
bigamy provisions of the Act should also apply to such a case.

 FOREIGN MARRIAGE ACT 1969

6
S.RadhikaSameena v. S.H.O., Habeeb Nagar Police Station, Hyderabad 1997 Cri LJ 1655 (AP)

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This Act facilitates solemnized of civil marriage in foreign countries between two Indians
or an Indian and a foreigner. Monogamy is the rule under this Act as well, the first
condition for the solemnization of marriage under its provision being that “neither party
has a spouse living”- Section 4(a).

If the condition of monogamy and the other conditions mentioned in Section 4 of the Act
are met, a pre-existing marriage between two Indians or an Indian and a foreigner
solemnized in a foreign country under a local law can be registered under the Foreign
Marriage Act, upon which it shall be deemed to have been solemnized under the said
Act- Section 17.

The anti-bigamy penal provision of Section 19 of the Foreign Marriage Act, reproduced
below, applies to both marriage originally solemnized under its provisions and those
solemnized as per a foreign law but later registered under the Foreign Marriage Act:

“(1) Any person whose marriage is solemnized or deemed to have been solemnized under
this Act and who, during the subsistence of his marriage, in India shall be subject to the
penalties provided in Section494 and 495 of the Indian Penal Code, and the marriage so
contracted shall be void.

(2) the provision of sub-section (1) apply to any such offence committed by any citizen of
any citizen of India without and beyond India.”

The anti-bigamy provisions of the Foreign Marriage Act, like those of the Special
Marriage Act 19954, are applicable to all cases governed by it, irrespective of the religion
of the parties.

 CHRISTIAN MARRIAGE ACT 1872

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As we all know, the Christian religion prohibits bigamy. In India Christian marriage are
governed by an old Act of the British period- the Christian Marriage Act 1872. It applies
to all sorts of marriages among the Christians of India and requires them to be
solemnized under its provisions not only when both parties are Christian but also when
one of them id a Christian and the other a non- Christian under Section 04 of the Act.

Marriage can under this Act, be either solemnized by a ‘Minister of Religion’ of a

Church, or in the presence of a Marriage Registrar.

In the first case, the notice to be given for marriage be either party is to be accompanied
be a declaration of the parties’ marital status at the time of marriage, and the prescribed
of this purpose mentions only two possibilities- the person giving a notice may be either a
bachelor/spinster or widower/widow. A certificate of compliance with the notice
requirement is to be issued upon the applicant filing a declaration affirming that “he or
she believes that there is not any impediment of kindred or affinity or other lawful
hindrance, to the said marriage,” and the marriage shall be solemnized only after such a
certificate has been issued under Section 12, 18, 25 & Schedule I).

There is no specific reference in this Act to the anti-bigamy provisions contained in

Section 494-495 of the Indian Penal Code. Since bigamy is strictly prohibited be the
Christian religious law and the Act also impliedly prohibits it, applicability of the said
IPC provisions to married Christian may be seen as a foregone conclusion. Yet, there is a
case for making the Act specific on this point.

A post-marriage change of religion by either spouse may have no effect on prohibition of

bigamy under the Christian law since both the Christian Marriage Act 1872 and its
divorce supplement, the Indian Divorce Act 1869, apply also to cases where only one
spouse is a Christian.

 PARSI MARRIAGE AND DIVORCE ACT 1936

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Unlike the Christian Marriage Act 1872, the Parsi Marriage and Divorce Act 1936
specifically prohibit and says that Section 494-495 of IPC will be attracted be every case
of bigamy in any marriage governed by that Act. Section 4 and 5 of the Act read as
follows:

Section 4

“(1) No Parsi (weather such Parsi has Changed his or her religion or domicile or not)
shall contract any marriage under this Act or any other law in the life time of his or her
wife or husband, whether a Parsi or not, except after his or her marriage with such wife or
husband has lawfully been declared null and void or dissolved ; and if the marriage was
contacted with such wife or husband under the Parsi Marriage and Divorce Act, 1865 or
under this Act, except after a divorce, declaration or dissolution as aforesaid under either
of the said Acts.

(2) every marriage contracted contrary to the provisions of sub section (1) shall be void.”

Section 5

“Every Parsiwho during the lifetime of his or her wife or husband, whether a Parsi or not,
contracts a marriage without having been lawfully divorced from such wife or husband,
or without his or her marriage with such wife or husband legally been declared null and
void or dissolved, shall be subject to the penalties provided in Section 494 and 495 of the
Indian Penal Code for the offence of marrying again during the lifetime of a husband or
wife.”

The reference to bigamy after change or religion and its prohibition constitute a unique
feature of the Parsi Marriage and Divorce Act 1936 which has no parallel under any other
family-law enactment for the time being in force.

 HINDU MARRIAGE ACT 1955

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Since times immemorial it was believed –rightly or wrongly- that Hindu religious law
allowed an unrestricted polygamy and imposed no specific conditions on the polygamist-
husband. The Muslim rulers of India had left the Hindu law on polygamy-whatever it
was-untouched and did not impose on any non-muslim the rules of Islamic law tolerating
limited polygamy in a well-defined discipline of equal justice to co-wives. The British
rulers, who did reform many other aspects of Hindu law, also did not abolish the rules on
polygamy under the traditional Hindu law and custom. Only the Brahmosamajis had
managed to legally adopt monogamy under a special law enacted for them in the
erstwhile Bengal province in 1872.

After the advent of independence anti-bigamy laws were enacted for the Hindus by
provincial legislature in Bombay, Madras. Saurashtra and Central Provinces. Finally, in
1955 enacted the Hindu Marriage Act 1955 putting a blanket ban on bigamy for the
Hindus, Buddhists, Jains and Sikhs, declaring bigamous marriage on their part in future
to be void and penal under section 5,11& 17.

 SOME CASES ON BIGAMY

R. v. TOLSON7

Mrs. Tolson married to Mr. Tolson on September 11, 1880. After a year he deserted her
on December 13, 1881. On inquiries made by her father and others she was led to believe
that her husband had been drowned in a vessel bound for America, which went down
with all hands (person) on board. On January 10, 1887, Mrs. Tolson, supposing herself to
be a widow contracted a second marriage with another man. The circumstances were well
known to the second to the second husband and the ceremonies were in no way
concealed.

This was the probably the first case under English law that deal with the offence of
bigamy or we can say that this is the landmark case that clearly shows in which
circumstances the second marriage was held and it was known to everybody about the
second marriage.

7
(1889) 23 QBD 168

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In this case the accused Mrs. Tolson was prosecuted for bigamy under section 57 of the
Offences Against Person Act 1861 for contacting the second marriage during the life-
time of her husband. The house of Lords by a majority of 9:5 quashed the conviction and
held that a reasonable belief in good faith in the death of the first spouse negatives mens
rea, and is a good defence to a charge of bigamy, although he or she has not been
continuously absent from the defendant for seven years.

Thus, an accused will not be guilty of bigamy, if he believed on reasonable grounds that-

(i) His first wife was dead; or

(ii) His first marriage was void; or
(iii) His first marriage has been dissolved or annuled8

SARLAMUDGAL v. UNION OF INDIA9

In this case there was a prominent politician having husband and father, mysteriously
disappeared and surfaced a month later with a new bride claiming that they had become
husband and wife under the law of Islam to which both of them had since converted. The
fact that the new bride in this case, who is a lawyer and has been a law officer with the
government of her State, keeps on publicly claiming that her marriage to the convert-
bigamist is fully legal and due to his conversion to Islam.

The Apex court in 1995 held that change of religion does not permit a person to defeat
the provisions of law and give license to commit bigamy. The court held that when one or
the other spouse i.e. husband or wife renounces his or her religions and embraces other
religion (e.g. Islam, which permit polygamy) in order to marry again during the lifetime
of former partner section 494 is attracted.

8
Harris’s Criminal Law,22ndEdn. (Reprint, 2000) p. 261
9
AIR 1995 SC 1531

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The four petition under Article 32 of the constitution have been disposed of together
since they relate to common question of contracting a second marriage by a Hindu
husband after embracing Islam. The question before the supreme court was:

1. Whether a Hindu husband, married under Hindu law, by embracing Islam can
solemnize second marriage ?
2. Whether such a marriage without having the first marriage being dissolved would
be valid marriage qua the first wife continues to be Hindu? and
3. Whether the apostate husband would be guilty of committing the offence of
bigamy under section 494 of Indian Penal Code?

After examining a number of cases in which similar issues were involved the court said:

“A marriage celebrated under particular personal law cannot be dissolved be the

application of another personal law to which one of the spouse converts and the other
refuses to do so. Where a marriage takes place a Hindu law the parties acquire a status
and certain rights be the marriage itself under the law governing the Hindu marriage and
if one of the parties is allowed to dissolve the marriage by adopting and enforcing the
new personal law, it would tantamount to destroying the existing rights of the other
spouse who continues to be Hindu. We therefore, hold that under Hindu personal law as
it existed prior to its codification in 1955, a Hindu marriage continued to subsist even
after one of the spouses converted to Islam. There was no automatic dissolution of the
marriage.”

LILY THOMAS v. UNION OF INDIA10

In this case there was an army physician of India serving in Afghanistan, converted in
order to marry and Afghan Muslim girl serving him as an interpreter. The poor girl was
kept in the dark about his marital antecedents and discovered the same only when years
later he returned to India leaving her behind in Afghanistan.

The apex court was approached to review SarlaMudgal case on the ground that the
judgment in the impugned case is contrary to fundamental right to life and liberty and
freedom of religion as enshrined in Articles 20, 21 25 and 26.
10
AIR2000SC1650, 2000 (3) Supreme 601

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Rejecting the review petition being without any substance the court affirmed its earlier
judgment of SarlaMudgal.

SURAJMANI STELLA KUJUR (Dr.) v.

DURGACHARANHANSDAH11
The anti-bigamy provisions of the Indian Penal Code would not apply also to tribal men
and women if their customary law and practice does not treat their plural marriage as
void. It has been judicially affirmed that section 494 of the Indian Penal Code will not
apply to members of Schedule Tribes unless the tribal law applicable to a case treats a
bigamous marriage as void.

S. RADHIKA SAMEENA v. S.H.O., HABEEB NAGAR

POLICE STATION HYDERABAD12
The anti-bigamy provisions of the Special Marriage Act apply to every marriage
contracted under its provisions irrespective of the religion of the parties. A court has
specifically held that if a Muslim contracts a civil marriage under the Special Marriage
Act instead of his personal law the anti-bigamy provisions of the Act will apply to him.

BEGUM SUBHANU v. ABDUL GHAFOOR13

In this case the supreme court had severely criticized the practice of bigamy and observed
that there is no difference between a second wife and a concubine.

 RECOMMENDATIONS BY 18TH LAW COMMISSION

ON BIGAMY

11
AIR 2001 SC 938
12
1997 CriLJ 1655 (AP)
13
AIR 1987 SC 1103

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The 18th Law Commission was constituted for a period of three years on 1 st September,
2006 by Order No. A.45012/1/2006- Admn.III (LA)

The recommendations under this Report as under:-

(i) In the Hindu Marriage Act 1955, after Section 17 a new Section 17-A be
inserted to the effect that a married person whose marriage is governed by this
Act cannot marry again even after changing religious unless the first marriage
is dissolved or declared null and void in accordance with law, and if such a
marriage is contracted with law, and if such a marriage is contracted it will be
null and void and shall attract application of Sections 494-495 of Indian Penal
Code 1860.
(ii) A similar provision be inserted at suitable places into the Christian Marriage
Act 1872, the Parsi Marriage and Divorce Act 1936 and the Dissolution of
Marriage Act 1939.
(iii) The proviso to section 4 of the Dissolution of Muslim Marriage Act 1939-
saying that this section would not apply to a married women who was
originally a non-muslim if she reverts to her original faith-be deleted.
(iv) In the Special Marriage Act 1954 a provisionbe inserted to the effect that if an
existing marriage by whatever law it is governed, becomes inter-religious due
to change of religion by the either party it will thenceforth be governed by the
provisions of the Special Marriage Act including its anti-bigamy provisions.
(v) The offences relating to bigamy under sections 494-495 of the Indian Penal
Code 1860 be made cognizable by necessary amendment in the code if
criminal procedure 1973.

 CONCLUSION AND SUGGESTIONS

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After going through this long list of personal laws and the provisions of Indian Penal
Code as well as law commission reports it can be concluded as that the offence of bigamy
is something that needs to be scrutinize again by our government because under the
exception of Bigamy that any of the spouses missing for the period of seven long years is
considered to be dead then the other spouse is allowed to marry again during its lifetime
but this is a wrong trend because this long period of this has taken a significant part of
anyone’s life and the person is left alone with his/her loneliness waiting for the return of
the other partner and in the end nothing has been achieved. Bigamy is one of those
traditional offence which are either absolutely obeliearated from the society or it has not
been in picture since ages as the decreasing number of cases in this offence. There is
increase in the other marriage related offence like offence of Dowry, mock marriage,
adultery but there is a not so in case of offence.

Bigamy and other marriage related offence have a complex thing to understand because
each and every religion has their own personal law which override the provisions our
sacred Indian Penal Code, after all these things we have Special Marriage Act which
again override the Personal laws of the person if the marriage activities are carried in
accordance with that.

I think there should be one uniform law related to marriage activities which shall govern
all the religion because this will provide an ease to deal with the offence which can’t
come in light because of ignorance of the rights and laws that are available to people.
This will also reduce the burden of judiciary because there are large numbers of cases
pending before the court of law related to the offence in marriage so the need of the hour
is to reduce that burden form the judiciary.

 BIBLIOGRAPHY

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BOOKS/JOURNELS

1. THE INDIAN PENAL CODE by Ratanlal&Dhiraj Lal (32nd Edition)

2. Textbook in Indian Penal Code by K D Gaur (6th Edition)
3. Indian Penal Code by PSA Pillai (12th Edition)
4. Indian Penal Code by R.N. Saxena (19th Edition)
5. The Indian Penal Code by Ram Jethmalani& D.S. Chopra (1st Edition) Volume II
6. 18th Law Commission Report By Government of India

Websites

1. https://indiankanoon.org/search/?formInput=cases%20on%20bigamy
2. https://study.com/academy/lesson/what-is-bigamy-definition-laws-cases.html
3. https://www.casemine.com/search/in/bigamy%20case
4. https://www.manupatrafast.com/default/OnlineManual.aspx
5. https://www.scconline.com/blog/post/2016/10/19/law-for-laymen-s-494-ipc-bigamy/

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