2. Any spouse, whether a husband or wife may be guilty of the offence of bigamy and is punished whereas only a man, who is guilty of the offence of adultery is punishable, though she is a consenting party.
3. Consent of the wife or husband will not exempt from the offence of bigamy. The spouse married second time shall be punishable even though he/she obtained the consent letter or release deed from the first spouse. But, in adultery, if sexual intercourse is done with wife with the consent of the husband, it is not an offence. 4. Sections 494 & 495 which deal with the offence of bigamy do not apply to Muslim males, whereas Section 497 which deals with adultery applies to all religions alike.
5. The offence of bigamy is compoundable with the leave (permission) of the Court under Section 320 (2) of the CrPC while the offence of adultery is compoundable without the leave of the Court under Section 320 (1) of the CrPC. 6. The offence of bigamy is non-cognizable, non-bailable and is triable by a Magistrate of the first class whereas the offence of adultery is non-cognizable, bailable and is triable by Magistrate of the first class. 7. Bigamy is more serious and the person guilty of the offence is punishable upto 7 years imprisonment or fine or both, while adultery is less serious, when compared to bigamy and is punishable with imprisonment for 5 years and fine.