Penalty on married person marrying again under this Act
Section 43 of the Special Marriage Act, 1954 deals with penalty on married person marrying again under this Act. 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, The Act came into force on 01 Jan 1955.
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.
Section 43, The Special Marriage Act, 1954 (Act 43 of 1954).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 43
What does Section 43 of the Special Marriage Act deal with?
Section 43 of the Special Marriage Act is headed "Penalty on married person marrying again under this Act". 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,
How do I find court cases under Section 43 of the Special Marriage Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Special Marriage Act 1954 43, section 43 Special Marriage Act 1954, section 43 of the Special Marriage Act. People searching for it also type sma 43 jakarta. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 43 of the Special Marriage Act, and has it changed?
Its own text turns on Indian Penal Code 495 (Same offence with concealment of former marriage from person with whom subsequent marriage is contracted), so none of them can safely be read on its own.
When did Section 43 of the Special Marriage Act come into force?
Section 43 of the Special Marriage Act, cited as Special Marriage Act 1954 43, came into force on 01 Jan 1955, having been enacted on 09 Oct 1954. It is in force as at the date shown on this page.
Other sections of this Act
- 27. Divorce638 words
- 34. Duty of court in passing decrees405 words
- 50. Power to make rules351 words
- 4. Conditions relating to solemnization of special marriages331 words
- 2. Definitions310 words
- 40A. Power to transfer petitions in certain cases285 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.