Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of bigamy, specifically the act of marrying again during the lifetime of a spouse. This provision is designed to deter individuals from entering into a second marriage while their first marriage remains legally valid.
๐ Text of Section 82
(1) Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine
Exception: This sub-section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.(
(2) Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
โ๏ธ Comparative Analysis with IPC
Section 82 of the BNS, 2023 corresponds to Section 494 of the Indian Penal Code (IPC), which deals with bigamy. Both provisions criminalize the act of marrying again during the lifetime of a spouse, with similar penalties. However, the BNS introduces a more detailed exception clause, allowing for subsequent marriages under specific circumstances, such as the prior spouse being absent for seven years and the new spouse being informed of the previous marriage.(
๐งพ Legal Implications
Punishment: The primary punishment for bigamy under Section 82 is imprisonment for up to seven years and a fine. If the individual conceals the fact of the prior marriage from the new spouse, the punishment increases to imprisonment for up to ten years and a fine.
Exceptions: The law provides exceptions where a subsequent marriage may not be considered an offense, such as when the prior marriage has been declared void by a competent court or when the prior spouse has been absent for seven years without any information about being alive.
Disclosure Requirement: The individual entering into a subsequent marriage must inform the new spouse about the prior marriage, ensuring transparency and consent.
๐ Example Scenario
Scenario: Rajesh is married to Priya. After seven years, Rajesh has not heard from Priya and believes she is deceased. He marries Anita without informing her about Priya.
Legal Outcome: Under Section 82, Rajesh's second marriage could be considered void due to the prior existing marriage. If he concealed the fact of his first marriage from Anita, he could face imprisonment for up to ten years and a fine.
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