Bigamy Prohibition law in India

Assam Legislative Assembly on November 27 passed the Assam Prohibition of Polygamy Bill, 2025, making Assam the second state after Uttarakhand to enact a law specifically banning polygamy. The Bill proposes strict punitive measures, including imprisonment, for practising polygamy.

Background: Bigamy Under Existing Laws

• Under the Indian Penal Code / Bharatiya Nyaya Sanhita (BNS), bigamy is criminalised, but its application depends on the religion of the individual.
• India currently lacks a Uniform Civil Code (UCC), so matters of marriage, divorce, and succession are governed by personal laws.
• For most communities, monogamy is the only legally recognised form of marriage.

Personal Laws on Bigamy

• Hindu Marriage Act, 1955 (applicable to Hindus, Buddhists, Jains, Sikhs):
  • Bigamy is prohibited.
  • A second marriage while the spouse is alive is invalid.
• Parsi Marriage and Divorce Act, 1936:
  • Explicitly prohibits bigamy.
• Indian Christian Marriage Act, 1872:
  • Disallows certification of a Christian marriage if either party is already married.
• Section 82 of BNS:
  • Criminalises bigamy when the second marriage is void under the individual’s personal law.
  • Punishment: up to seven years in prison + fine.

Exception: Muslim Personal Law

• Muslim Personal Law (Shariat) Application Act, 1937:
  • Allows Muslim men to marry up to four wives.
  • Therefore, bigamy provisions of BNS do not apply to Muslim men.
• This creates a legal dichotomy:
  • An act punishable for Hindus, Christians, Parsis
  • Is legally permitted for Muslim men.
• This has been central in debates over a nation-wide UCC.

State-Level Overrides

• Assam and Uttarakhand have now taken steps to override the Muslim personal law exemption within their jurisdictions.
• Uttarakhand Uniform Civil Code (February 2024):
  • Explicitly bans bigamy for all communities.

Source: IE