Section 43 of The Special Marriage Act, 1954
Save as otherwise provided in Chapter III, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.
Summary
- It declares that if a currently married person marries another person under this Act, that new marriage is completely void.
- It makes such an act a criminal offense under Section 494 or Section 495 of the Indian Penal Code, 1860.
- It exempts marriages registered under Chapter III of this Act from being treated as illegal remarriages.
- It penalizes married individuals who try to use this special marriage law to contract a second marriage.
Practical examples
FAQ
1. What happens if a married person marries again under the Special Marriage Act, 1954?
Under Section 43 of the Special Marriage Act, 1954, the new marriage is void, and the person is deemed to have committed an offense under Section 494 or Section 495 of the Indian Penal Code, 1860.
2. Is there any exception under Section 43 of the Special Marriage Act, 1954, for married couples?
Yes, Section 43 of the Special Marriage Act, 1954, contains an exception for registrations done under Chapter III, which allows already married couples to register their existing marriage under this Act.
3. Which sections of the Indian Penal Code are triggered under Section 43 of the Special Marriage Act, 1954?
Under Section 43 of the Special Marriage Act, 1954, the offender is prosecuted under Section 494 or Section 495 of the Indian Penal Code, 1860.
4. Is a second marriage contracted under the Special Marriage Act, 1954, valid if the first marriage is still active?
No, under Section 43 of the Special Marriage Act, 1954, any such second marriage solemnized under this Act is completely void.
Test yourself
Q1.Under Section 43 of the Special Marriage Act, 1954, what is the legal status of a marriage solemnized under this Act if one of the parties was already married at the time?
Q2.Which of the following is exempted from the bigamy penalty under Section 43 of the Special Marriage Act, 1954?
Q3.Under Section 43 of the Special Marriage Act, 1954, a married person who procures a new marriage under this Act is prosecuted under which sections of the Indian Penal Code, 1860?
Q4.Under Section 43 of the Special Marriage Act, 1954, what must a person do to trigger the bigamy penalties if they are already married?