Section 17 in HMA 1955:

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.

Legal update: The Bharatiya Nyaya Sanhita, 2023, replaced the Indian Penal Code from 1 July 2024. The corresponding provisions concerning bigamy and concealment of a former marriage are now Sections 82 and 83 of the BNS, respectively.

Explained:

Section 17 of the Hindu Marriage Act, 1955 deals with bigamy among Hindus. It declares a second marriage void when either party has a living husband or wife at the time of the subsequent marriage. The provision aims to protect the legal status of an existing marriage and prevent a person from entering into another marriage while the first marriage continues to subsist.

What Does Section 17 Say?

Section 17 applies to marriages solemnised after the commencement of the Hindu Marriage Act, 1955. If either party has a living spouse when the second marriage takes place, the subsequent marriage is void. The section also provides for the application of criminal law relating to bigamy.

For a second marriage to attract criminal liability, the prosecution must establish the essential legal requirements of the offence, including proof that the alleged second marriage was solemnised according to the applicable legal ceremonies or recognised custom.

Important Judgments on Section 17

1. Bhaurao Shankar Lokhande v. State of Maharashtra (1965)

The Supreme Court held that a second marriage must be properly solemnised according to the applicable ceremonies and legal requirements to establish bigamy. Merely participating in a ceremony without fulfilling the essential requirements is insufficient.

2. Kanwal Ram v. Himachal Pradesh Administration (1966)

The Supreme Court ruled that the alleged second marriage must be proved as a fact in a bigamy prosecution. An admission by the accused that a second marriage took place does not, by itself, establish the offence when the necessary marriage ceremonies have not been proved.

3. Gopal Lal v. State of Rajasthan (1979)

The Supreme Court reiterated that a prosecution for bigamy requires proof of the first marriage, a subsequent marriage during the subsistence of the first, and the essential ceremonies necessary to establish the second marriage.

Conclusion

Section 17 of the Hindu Marriage Act, 1955, is an important safeguard against bigamy. It makes a qualifying second marriage void and connects the violation with criminal liability. The judgments above clarify that courts must examine the subsistence of the first marriage and whether the second marriage was legally solemnised.