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IPC 1860REPEALED

Section 495

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Replaced by: BNS 82

BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE

Original Text

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Simplified

Section 495 is an aggravated form of Section 494 — where the offender hides the fact of the existing marriage from the second spouse. The increased punishment (10 years versus 7 years) reflects the additional betrayal and deception involved in deliberately concealing a prior marriage from the new partner, who enters the marriage under false pretences about the other person's marital status.

Legal Evolution

Section 495 is an aggravated form of Section 494 (bigamy), prescribing additional punishment when the second marriage is contracted by concealing the fact of the first marriage from the second spouse. The additional concealment element — which attracts up to ten years compared to seven years for basic bigamy — reflects the greater moral culpability of deliberate deceit. Courts have required proof of intentional concealment, not merely failure to disclose.

Landmark Precedents

Priya Patel v. State of MP (2006)

(2006) 6 SCC 263
RELEVANCE

Concealment in Section 495 must be deliberate and active — if the second spouse already knew of the prior marriage, the concealment element fails and Section 495 does not apply.

Practical Scenarios

"A person who pretends to be single to marry someone else while already having a spouse — Section 495."
"Forging a divorce decree to convince a new partner that one is eligible to marry — Section 495."

Common Queries

Section 495 is for cases where the offender HIDES the fact of the existing marriage from the new spouse. This additional deception leads to a higher punishment (10 years instead of 7).