Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal consequences of bigamy, i.e., marrying again during the lifetime of a spouse. This provision aligns with Section 494 of the Indian Penal Code (IPC), 1860, and aims to uphold the sanctity of marriage by penalizing individuals who contract a second marriage while their first spouse is still alive.
📜 Section 82 — Marrying Again During Lifetime of Husband or Wife
(1) Offense and Punishment
Offense: Marrying during the lifetime of a spouse in a situation where the subsequent marriage is void due to the existence of the prior marriage.
Punishment: Imprisonment of either description for a term which may extend to seven years, and shall also be liable to a fine.
Exceptions:
The offense does not apply if the prior marriage has been declared void by a court of competent jurisdiction.
It also does not apply if the prior spouse has been continuously absent for seven years and has not been heard from as being alive during that time, provided the person contracting the subsequent marriage informs the new spouse of the real state of facts to the best of their knowledge.
(2) Concealment of Former Marriage
Offense: Committing the offense under subsection (1) while concealing the fact of the former marriage from the person with whom the subsequent marriage is contracted.
Punishment: Imprisonment of either description for a term which may extend to ten years, and shall also be liable to a fine.
⚖️ Comparison with Indian Penal Code (IPC)
Section 82 of the BNS, 2023, corresponds to Section 494 of the IPC, 1860, which similarly penalizes bigamy. Both provisions aim to prevent individuals from contracting a second marriage during the lifetime of a spouse, thereby protecting the institution of marriage and ensuring legal accountability.
🧭 Illustrative Example
Scenario: An individual, already married, contracts a second marriage without informing the new spouse of the existing marriage.
Application of Section 82:
If the first marriage is still valid and the individual marries again, they commit the offense under subsection (1).
If the individual also conceals the fact of the first marriage from the second spouse, they commit the offense under subsection (2).
Punishment:
For subsection (1): Imprisonment up to seven years and a fine.
For subsection (2): Imprisonment up to ten years and a fine.
Section 82 of the BNS, 2023, underscores the importance of marital fidelity and transparency, ensuring that individuals who engage in bigamy are held accountable under the law.
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