BNS Section 82 – Marrying again during lifetime of husband or wife

Amit Kapoor04 mins

IPC Section – 494 – 495

Marrying again during lifetime of husband or wife
(1) Non Cognizable
punishable with imprisonment for seven years and fine.
(2) Non Cognizable
punishable with imprisonment for ten years and fine,
if concealed with whom the subsequent marriage is
contracted

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Key Points of BNS-83

BNS-83 deals with situations where individuals participate in a marriage ceremony with the intention of deceiving others, knowing that the marriage is not legally valid. The law aims to penalize those who falsely present themselves as married when they are not legally bound by marriage.

Fraudulent Intention:

The law specifically targets individuals who, with dishonest intentions, enter a marriage ceremony fully aware that it does not fulfill legal requirements and is, therefore, invalid.

Legal Consequences:

  • Imprisonment: Offenders can face imprisonment for up to seven years. The sentence can be either rigorous (hard labor) or simple (less severe).
  • Fine: In addition to imprisonment, offenders may be fined. The exact amount is determined by the court, as it is not specified by the law.

Purpose of the Law:

The law aims to protect the institution of marriage by penalizing those who seek to deceive others through fraudulent marriages. It ensures that marriages performed under false pretenses are not legally recognized, thus preventing exploitation or manipulation of the marriage system.

Definitions:

  • Dishonestly or Fraudulently: Acting with the intent to deceive or mislead others.
  • Lawfully Married: A marriage that meets all legal requirements, such as consent, registration, and adherence to relevant laws.
  • Ceremony of Marriage: A formal act of getting married, which could include religious or civil rites. However, if it does not meet legal standards, it is not a lawful marriage.

Implications:

  • Legal Standing of Marriage: Fraudulent marriages are considered null and void and have no legal recognition or rights.
  • Protection of Individuals: The law protects individuals from being deceived into fraudulent marriages, ensuring legal and social integrity.

Summary of BNS-83:

  • Offense: A person who participates in a marriage ceremony with fraudulent intent, knowing that the marriage is not legally valid.
  • Punishment: Imprisonment for up to 7 years and a fine.
  • Cognizable or Non-cognizable: Non-cognizable.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Magistrate of the First Class.

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