Bharatiya Nyaya Sanhita, 2023
Section 82 BNS: Marrying Again During Lifetime of Husband or Wife
Section 82 of the Bharatiya Nyaya Sanhita, 2023 deals with marrying again while a husband or wife is living, where the subsequent marriage is void because it takes place during the lifetime of the existing spouse. The provision also prescribes enhanced punishment where the former marriage is concealed from the person with whom the subsequent marriage is contracted.
Current legal position: Section 82 BNS is the present penal provision dealing with this form of bigamy. It substantially carries forward the subject matter of former Sections 494 and 495 of the Indian Penal Code, 1860 for offences governed by the BNS.
What does Section 82(1) BNS provide?
Section 82(1) applies where a person, having a husband or wife living, marries again in a case where the later marriage is void because it takes place during the lifetime of that husband or wife.
The punishment may extend to seven years' imprisonment of either description, and fine.
Essential ingredients of Section 82(1)
Based on the statutory language, the principal elements are:
- the accused has a husband or wife living;
- the accused contracts another marriage during the lifetime of that spouse; and
- the subsequent marriage is void by reason of its taking place during the lifetime of the existing husband or wife.
Important: Section 82 does not state that every second marriage is automatically an offence. The statutory requirement is that the subsequent marriage is void because it was contracted during the lifetime of the existing spouse.
Exceptions under Section 82(1)
Section 82(1) expressly excludes two situations from its operation:
- where the earlier marriage with the husband or wife has been declared void by a Court of competent jurisdiction; or
- where the former husband or wife has been continually absent for seven years and has not been heard of as being alive during that period, provided that before the subsequent marriage the person contracting it informs the new spouse of the real state of facts so far as those facts are within his or her knowledge.
Concealment of former marriage under Section 82(2)
Section 82(2) provides an enhanced punishment where a person commits the offence under Section 82(1) and conceals the fact of the former marriage from the person with whom the subsequent marriage is contracted.
| Section 82(1) | Imprisonment of either description up to 7 years and fine |
|---|---|
| Section 82(2) | Imprisonment of either description up to 10 years and fine |
Is Section 82 BNS cognizable and bailable?
| Section 82(1) | Non-cognizable, bailable, triable by Magistrate of the First Class |
|---|---|
| Section 82(2) | Non-cognizable, bailable, triable by Magistrate of the First Class |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both forms of the Section 82 offence as non-cognizable and bailable, and makes them triable by a Magistrate of the First Class.
Complaint requirement under Section 219 BNSS
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs prosecution for offences against marriage. It provides that no Court shall take cognizance of an offence punishable under Sections 81 to 84 BNS except upon a complaint made by a person aggrieved by the offence, subject to the exceptions contained in that section.
In the case of an offence punishable under Section 82, where the wife is the person aggrieved, Section 219 expressly permits a complaint to be made on her behalf by specified close relatives, and, with the leave of the Court, by another person related to her by blood, marriage or adoption.
Compounding of Section 82(1) under Section 359 BNSS
Section 359 BNSS lists the offence under Section 82(1) among offences that may be compounded with the permission of the Court before which the prosecution is pending. The person specified for compounding is the husband or wife of the person who has married again.
The statutory compounding table specifically refers to Section 82(1). Any question concerning Section 82(2), or any other related offence, should therefore be examined independently under the applicable procedural law.
Section 82 BNS and personal law
The applicability of Section 82 depends in part on whether the subsequent marriage is legally void because it was contracted during the lifetime of an existing spouse. Questions concerning the validity of a marriage may therefore require examination of the personal law or other marriage law governing the parties, along with the facts and proof of the marriages involved.
Related marriage offences under the BNS
Section 81 deals with cohabitation caused by deceitfully inducing a belief of lawful marriage. Section 83 deals with fraudulently going through a marriage ceremony without a lawful marriage. Section 84 deals with enticing, taking away or detaining a married woman with criminal intent. The applicable provision depends on the alleged conduct and the statutory ingredients established by the evidence.
Official legal sources
For the authoritative statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs - New Criminal Laws page also provides official materials relating to the new criminal laws.
Important note
This page provides a general explanation of Section 82 of the Bharatiya Nyaya Sanhita, 2023. Whether the provision applies in an individual case depends on the facts, proof and legal validity of the marriages, applicable personal or marriage law, procedural law and judicial decisions.