August 9, 2025

BNS Section 83 – Marriage ceremony fraudulently gone through without lawful marriage

Amit Kapoor04 mins

IPC Section – 496

Non Cognizable
punishable with imprisonment upto seven years and
fine.


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 addresses cases where individuals go through a marriage ceremony with the intent to deceive, fully aware that the marriage is not legally valid. The provision seeks to penalize those who falsely present themselves as legally married when they are not.

Fraudulent Intention:

The law specifically targets individuals who, with dishonest or fraudulent intentions, participate in a marriage ceremony knowing that it does not meet the legal requirements, making it invalid.

Legal Consequences:

  • Imprisonment: Offenders can face imprisonment for up to seven years, which may be either rigorous (involving hard labor) or simple (less severe).
  • Fine: In addition to imprisonment, offenders are also subject to a fine, the amount of which is determined by the court.

Purpose of the Law:

This law is intended to protect the integrity of the marriage institution by penalizing individuals who attempt to deceive others through fraudulent marriages. It ensures that marriages performed under false pretenses are not legally recognized, thereby preventing exploitation or manipulation of the system.

Definitions:

  • Dishonestly or Fraudulently: Acting with the intent to deceive or mislead.
  • Lawfully Married: A marriage that meets all legal requirements, such as consent, registration, and compliance with the law.
  • Ceremony of Marriage: The formal act of getting married, which may include religious or civil rites, but does not constitute a lawful marriage if it does not meet the legal standards.

Implications:

  • Legal Standing of Marriage: Fraudulent marriages are considered null and void, with no legal recognition or rights.
  • Protection of Individuals: The law protects individuals from entering fraudulent marriages and ensures the integrity of the legal system.

Summary of BNS-83:

  • Offense: A person who goes through a marriage ceremony with fraudulent intent, knowing 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.