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BNS Section 82

Marrying again during lifetime of husband or wife

(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.


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Key Points of BNS-82

BNS-82 of the Bharatiya Nyaya Sanhita (BNS) deals with bigamy, making it illegal to remarry if one’s spouse is still alive. The law clearly states the legal consequences of marrying again while already being married, except under specific exceptions.
 

  1. Offense of Bigamy:
     

    • BNS-82(1) criminalizes the act of marrying again during the lifetime of one's current spouse. The second marriage is void, meaning it holds no legal validity. The offender is subject to imprisonment for up to seven years and may also face a fine.
       

    • This applies to both men and women, making it gender-neutral in its application.
       

  2. Exceptions to the Rule:
     

    • Marriage Declared Void by Court: If the first marriage has been declared void by a court, remarrying is not illegal.
       

    • Absence of Spouse for Seven Years: If the former spouse has been absent for seven years or more and there has been no communication or evidence of life, the person can remarry, provided they inform their new spouse of the circumstances. This clause prevents penalizing someone who genuinely believes their spouse is no longer alive.
       

  3. Punishment for Concealment:
     

    • Under BNS-82(2), if a person knowingly hides the fact of their previous marriage when remarrying, they face more severe punishment: up to ten years of imprisonment and a fine. This provision is aimed at punishing deceit in marriage.
       

  4. Legal and Social Implications:
     

    • Void Marriage: Any marriage conducted while the first spouse is alive is considered null and void, meaning the second marriage has no legal standing.
       

    • Imprisonment and Fine: The law ensures both civil and criminal consequences for those attempting to deceive the legal system by remarrying without legal dissolution of the first marriage.
       

Definitions:
 

  • Bigamy: The act of marrying someone while already being legally married to another person.
     

  • Void Marriage: A marriage that has no legal recognition, either due to fraud, failure to meet legal conditions, or existing legal marriage.
     

  • Imprisonment of Either Description: This term refers to both rigorous and simple imprisonment, depending on the severity of the offense.
     

Implications of BNS-82
 

  • Prevention of Fraud: The law is designed to protect the sanctity of marriage and prevent individuals from entering into fraudulent marriages.
     

  • Legal Protection for Second Spouses: By penalizing deceit and concealment, the law also seeks to protect the second spouse from entering a legally invalid marriage.
     

BNS-82 aims to ensure transparency in marriages and uphold the institution of marriage by providing legal remedies against bigamy. Its exception for a seven-year absence is a humanitarian clause, protecting individuals who genuinely believe their spouse to be deceased.


Offence : Marrying again during the life time of a husband or wife.


Punishment : Imprisonment for 7 years and fine.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Magistrate of the first class.


Offence : Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted.


Punishment : Imprisonment for 10 years and fine.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Magistrate of the first class.




Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.


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