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Section history

Section 494 — Marrying again during the lifetime of husband or wife

As in force on 1 October 2017.

Timeline 4 versions
  1. 30 March 1987 Enacted
  2. 30 November 2008 Revised edition
  3. 1 October 2017 You are here
  4. 1 January 2020 Act 15 of 2019
  5. 17 August 2026 Latest
494.Marrying again during the 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 for a term which may extend to 7 years, and shall also be liable to fine.

Exceptions.—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, has been continually absent from such person for the space of 7 years, and has not been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage, before the marriage takes place, informs the person with whom the marriage is contracted, of the real state of facts so far as the same are within his or her knowledge.

[Indian PC 1860, s. 494]