With the rise in cross-border marriages and global mobility, issues related to marital disputes involving Non-Resident Indians (NRIs) have become increasingly common. One such sensitive and complex issue is bigamy allegations against NRIs under Indian Penal Code. Many NRIs face criminal complaints in India alleging that they contracted a second marriage while their first marriage was still legally valid.

For individuals living abroad, these allegations can have serious legal, personal, and immigration-related consequences. However, misunderstandings about Indian marriage laws, foreign divorces, and jurisdiction often lead to confusion and misinformation.

This article explains bigamy allegations against NRIs in a clear, structured, and legally accurate manner. It focuses strictly on Indian law, relevant statutes, and judicial principles, without offering legal advice or promotional content.

Meaning of Bigamy Under Indian Law

What Is Bigamy?

Bigamy occurs when a person marries another individual while the first marriage continues to remain legally valid. Indian law treats bigamy as a criminal offence for individuals whose personal laws require monogamy.

In simple terms, if a person marries again without legally dissolving the first marriage, they may face prosecution for bigamy.

Legal Provisions Governing Bigamy in India

Bigamy Under Indian Penal Code

The offence of bigamy is primarily governed by:

Section 494 of the Indian Penal Code (IPC)

This section states that a person commits an offence if they marry again during the lifetime of their spouse while the first marriage remains legally valid.

Punishment under Section 494 IPC:

  • Imprisonment up to 7 years

  • Fine

Section 495 IPC
This section applies when a person conceals the fact of the first marriage from the second spouse.

Punishment under Section 495 IPC:

  • Imprisonment up to 10 years

  • Fine

These provisions apply equally to residents and NRIs, provided Indian courts have jurisdiction.

Applicability of Bigamy Laws to NRIs

Do IPC Provisions Apply to NRIs?

Yes. NRIs under Indian Penal Code are subject to criminal liability if the offence has a connection with India. Indian criminal law can apply when:

  • The first marriage was solemnized in India

  • The complainant spouse resides in India

  • The offence impacts an Indian citizen

  • The accused is an Indian citizen, even if residing abroad

Indian courts have consistently held that Indian citizens cannot escape criminal liability merely by living outside India.

Personal Laws and Bigamy Allegations

Hindu Marriage Act, 1955

For Hindus, Buddhists, Jains, and Sikhs, Section 5(i) of the Hindu Marriage Act prohibits bigamy. The law declares a second marriage invalid if the first marriage continues to exist.

Violation of this provision attracts criminal punishment under IPC Sections 494 and 495.

Muslim Personal Law

Under Muslim personal law, limited polygamy is permitted for men, subject to specific conditions. Therefore, bigamy allegations generally do not arise under IPC for Muslim men unless other legal violations exist.

Christian and Parsi Laws

Christians and Parsis must follow their respective marriage acts, which require monogamy. The Indian Penal Code punishes any violation of this rule.

Common Situations Leading to Bigamy Allegations Against NRIs

Foreign Divorce Not Recognized in India

One of the most frequent reasons for bigamy allegations is reliance on a foreign divorce decree that is not legally valid in India.

If an NRI obtains a divorce abroad without complying with Indian legal standards, the divorce may not dissolve the marriage under Indian law. A subsequent remarriage may then be treated as bigamy.

Ex Parte Foreign Divorce

Divorces granted by foreign courts without proper participation of both spouses often face non-recognition in India, especially if:

  • The court did not give the respondent spouse an adequate opportunity to be heard.
  • Indian law does not recognize the grounds of divorce.

Customary or Informal Separation

Mere separation, mutual consent, or long-term non-cohabitation does not dissolve a marriage. Without a valid legal divorce, remarriage may attract bigamy allegations.

Jurisdiction of Indian Courts in Bigamy Cases

Can Indian Courts Try NRIs for Bigamy?

Yes. Indian courts may assume jurisdiction when:

  • The offence is linked to India

  • The complainant spouse is in India

  • The marriage was registered or solemnized in India

Under the Code of Criminal Procedure (CrPC), Indian courts can issue summons, warrants, and even initiate extradition requests, subject to international treaties.

Legal Requirements to Prove Bigamy

Essential Elements of Bigamy

To establish a bigamy offence, the complainant must prove:

  1. The existence of a valid first marriage

  2. The first spouse was alive at the time of the second marriage

  3. The second marriage was legally performed

  4. The first marriage was not legally dissolved

Failure to prove any of these elements may weaken the prosecution’s case.

Evidence Commonly Used in Bigamy Cases

  • Marriage certificates

  • Photographs and videos of ceremonies

  • Witness testimony

  • Passport and travel records

  • Admission by the accused

  • Religious or customary proof of marriage

Indian courts require strict proof, as bigamy is a criminal offence with serious consequences.

Punishment and Consequences for NRIs

Criminal Penalties

Conviction under Sections 494 or 495 IPC can result in imprisonment and fine. The severity depends on whether concealment is proven.

Civil Consequences

  • Second marriage declared void

  • Maintenance claims by first spouse

  • Custody disputes involving children

  • Property and inheritance complications

Immigration and Travel Issues

Pending criminal cases or warrants in India can affect:

  • Visa renewals

  • Overseas employment

  • Travel to India

Role of Consent in Bigamy Cases

Consent of the first spouse does not legalize a second marriage under Indian law. Even mutual understanding or agreement cannot override statutory provisions mandating monogamy.

Practical Steps for NRIs to Avoid Bigamy Allegations

Ensure Legal Dissolution of Marriage

Before remarrying, ensure the first marriage is dissolved through:

  • A valid Indian court decree, or

  • A foreign divorce that meets Indian legal recognition standards

Verify Recognition of Foreign Divorce

Foreign divorces must:

  • Be granted by a competent court

  • Follow principles of natural justice

  • Be based on grounds recognized under Indian law

Maintain Proper Documentation

Keep certified copies of divorce decrees, notices, and legal correspondence to establish compliance if disputes arise.

Important Judicial Principles

Indian courts have repeatedly emphasized:

  • Marriage is a legal status, not merely a social arrangement

  • Foreign decrees cannot automatically override Indian matrimonial law

  • Criminal liability applies equally to NRIs under Indian Penal Code

These principles aim to protect spouses from misuse of jurisdictional loopholes.

Frequently Asked Questions (FAQs)

Is bigamy a criminal offence for NRIs under Indian Penal Code?

Yes. Indian courts can prosecute NRIs under Indian Penal Code for bigamy when the law applies and the courts have jurisdiction.

Does a foreign divorce automatically dissolve an Indian marriage?

Foreign divorces must meet Indian legal standards for Indian courts to recognize them.

Can an NRI be arrested for bigamy in India?

Arrest depends on court orders and procedural safeguards. Bigamy is a cognizable offence in certain circumstances.

Is registration of second marriage necessary to prove bigamy?

No. Indian law recognises an unregistered marriage if the parties perform the essential ceremonies.

Can bigamy charges be withdrawn by mutual settlement?

Bigamy is a criminal offence. Withdrawal depends on court discretion and applicable criminal procedure rules.

Legal References

  • Indian Penal Code, 1860 (Sections 494 and 495)

  • Hindu Marriage Act, 1955

  • Code of Criminal Procedure, 1973

  • Principles of private international law as applied by Indian courts

Bigamy allegations against NRIs under Indian Penal Code involve a complex interplay of criminal law, personal laws, and cross-border legal principles. Living abroad does not exempt Indian citizens from compliance with Indian matrimonial laws. Misunderstandings about foreign divorces and remarriage often result in serious legal consequences.

A clear understanding of applicable laws, jurisdictional limits, and procedural requirements is essential to avoid unintended violations. By recognizing the legal framework governing marriage and divorce, NRIs can better navigate their rights and responsibilities under Indian law in a lawful and informed manner.