Section 494 IPC ('bigamy') is committed when a person, having a husband or wife living, marries:
Awith the consent of the existing spouse and the consent of the new spouse's family (cf. IPC, Section 494; Sarla Mudgal v. Union of India, AIR 1995 SC 1531)
Bin any case where the marriage takes place during the lifetime of the first spouse and is void by reason of its taking place during such lifetime
Cwithout intervening divorce or judicial separation, where the existing marriage is void by statute (cf. IPC, Section 494; Sarla Mudgal v. Union of India, AIR 1995 SC 1531)
Donly if the new spouse is unaware of the existence of the prior surviving spouse (cf. IPC, Section 494; Sarla Mudgal v. Union of India, AIR 1995 SC 1531)
Answer & Solution
Correct answer: B. in any case where the marriage takes place during the lifetime of the first spouse and is void by reason of its taking place during such lifetime
1. Section 494 IPC reads: 'Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.'
2. The condition: the second marriage must be VOID under personal law because the first marriage subsists.
3. Sarla Mudgal v. Union of India (1995) held that conversion to Islam to take a second wife does not save a Hindu husband from Section 494.
4. Exception in Section 494 covers void marriage already dissolved or spouse missing for 7+ years.
5. Hence option C is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 494; Sarla Mudgal v. Union of India, AIR 1995 SC 1531_
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