498A ab kaunsi section hai?

From 1 July 2024, Section 498A IPC has been renumbered as Section 85 of the Bharatiya Nyaya Sanhita, 2023 — cruelty by the husband or his relatives, punishable up to 3 years and fine. Complaints for conduct before that date continue under 498A IPC, so both numbers remain in use.

Kya 498A mein turant arrest hota hai?

No. Because the offence is punishable up to 3 years (within the 7-year bracket), Section 35 BNSS and Arnesh Kumar v. State of Bihar (2014) apply with full force — police must ordinarily issue a notice of appearance and record written justification before any arrest. These guidelines were laid down specifically in a 498A case.

Is Section 85 BNS bailable or non-bailable?

Non-bailable and cognizable — bail is at the court's discretion, which is why anticipatory bail under Section 482 BNSS is the standard protective step for the husband and named family members. For Faridabad FIRs it is filed before the Sessions Court, Sector 12, then the Punjab & Haryana High Court if needed.

Kya poore parivaar ko case mein ghaseeta ja sakta hai?

Courts consistently caution against roping in distant relatives on vague, omnibus allegations. The Supreme Court has repeatedly quashed proceedings against family members where no specific role is attributed — general allegations against in-laws living separately are a recognised ground for quashing under Section 528 BNSS.

Can a 498A case be quashed after settlement?

Yes. Where the parties settle — commonly alongside a mutual-consent divorce — the Punjab & Haryana High Court regularly quashes 498A/S.85 proceedings on compromise, following Gian Singh v. State of Punjab (2012), since matrimonial offences are treated as personal in nature.

Best 498A lawyer in Faridabad kaun hai?

The claim itself is unlawful — no advocate may advertise as the best 498A lawyer (Rule 36 BCI Rules). What can be verified: regular defence practice in Sections 85/86 BNS (old 498A) matters at the Faridabad Sessions Court and the Punjab & Haryana High Court, command of Arnesh Kumar and Kahkashan Kausar safeguards, and written terms.

Public Guidance · Faridabad · Matrimonial-Criminal

Bigamy — Second Marriage Without Divorce: How a Section 82 BNS Complaint Works

Last updated: 2 August 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: If a spouse remarries while the first marriage still legally subsists, that is bigamy — an offence under Section 82 of the Bharatiya Nyaya Sanhita, 2023 (the successor to Section 494 IPC), punishable with imprisonment up to seven years and a fine. The offence targets the person who was already validly married and remarried without a legal divorce — courts have held that a second spouse who genuinely did not know of the first marriage cannot be prosecuted for bigamy. The first wife (or husband) can file a criminal complaint, and the second marriage itself is void under Section 11 of the Hindu Marriage Act — but bigamy and divorce are separate legal tracks that usually need to be pursued together, not instead of each other.

What exactly counts as bigamy under Section 82 BNS?

Section 82 BNS (previously Section 494 IPC) punishes a person who, "having a husband or wife living, marries" again in circumstances where that second marriage is void by reason of it taking place during the life of the first spouse. Three elements matter: a first marriage that legally still subsists (no valid divorce decree), a second marriage ceremony genuinely conducted (not merely a relationship or engagement), and knowledge on the part of the person committing bigamy that the first marriage subsists. The punishment extends to imprisonment for a term which may extend to seven years, along with fine.

Who can actually be prosecuted — and who cannot?

The offence is squarely aimed at the spouse who was already married and chose to remarry without a valid divorce. Courts have repeatedly clarified that a second spouse who married in good faith, genuinely unaware that the other party was already married, does not commit bigamy themselves — the deception runs against them, not through them. This distinction matters practically: a first wife filing a complaint should expect the case to proceed against the husband (and, where relevant, the priest/officiant and witnesses who knowingly facilitated a second marriage), not automatically against an unwitting second spouse.

Filing the complaint — what evidence is needed

A bigamy complaint requires proof of both marriages: marriage registration certificates or valid ceremony evidence for the first marriage, and equivalent proof for the second — photographs, invitation cards, registration documents, or witness testimony. Since bigamy is triable on a complaint (not typically via a police FIR in the first instance for the complaining spouse under certain personal-law contexts, though a criminal complaint route is available), a private complaint before the Magistrate, supported by documentary proof of the subsisting first marriage, is the usual route. Faridabad and Delhi NCR family courts and magistracy see this pattern regularly where a spouse discovers a second marriage through social media, a mutual acquaintance, or land/property records.

The civil-divorce track runs in parallel, not instead

Filing a bigamy complaint does not by itself dissolve the first marriage or resolve maintenance and property questions — those remain governed by the divorce and matrimonial process. The second marriage itself is void under Section 11 of the Hindu Marriage Act, 1955 (for Hindu marriages), meaning it confers no legal status on the second spouse as a wife/husband — though children of a void marriage are legitimate under Section 16 of the same Act. A first spouse typically needs to pursue the criminal bigamy complaint and a maintenance/divorce petition together, since neither track alone resolves both the criminal wrong and the ongoing civil relationship.

Defending against a bigamy allegation

Common defences include: a valid divorce decree existed before the second marriage (documentary proof is decisive); the "first marriage" was itself void or voidable from inception (for instance, one party was already married at that time); or, for the second spouse specifically, genuine lack of knowledge of the first marriage at the time of the second ceremony. Each defence turns entirely on documents and dates — which is why an early, careful timeline of both marriages is the first task in either bringing or defending this kind of case.

Frequently asked questions

Can I file a bigamy case if my husband remarried without divorcing me?

Yes — Section 82 BNS punishes remarriage during the subsistence of a valid first marriage with up to seven years' imprisonment. A private complaint before the Magistrate, supported by proof of both marriages, is the usual route.

Can the second wife be punished for bigamy if she didn't know he was married?

Generally no — courts have held that a second spouse who genuinely did not know of the subsisting first marriage does not commit the offence; the prosecution is aimed at the person who was already married.

Is the second marriage legally valid?

No — under Section 11 of the Hindu Marriage Act, a marriage solemnised while an earlier marriage subsists is void. It confers no status as a legal spouse, though children born of it are legitimate under Section 16.

Does filing a bigamy case also get me a divorce?

No — bigamy is a criminal complaint; divorce, maintenance and property questions are separate civil proceedings that need to be pursued alongside it, not instead of it.

Pati ne bina divorce doosri shaadi kar li, kya karein?

Section 82 BNS ke tahat bigamy ka criminal complaint file kar sakte hain (dono shaadiyon ke documents ke saath), aur saath hi divorce/maintenance ka civil case bhi — dono track alag hain, ek doosre ka substitute nahi.