Bharatiya Nyaya Sanhita, 2023
BNS Section 82
Marrying again during lifetime of husband or wife
In one line
BNS Section 82 deals with marrying again during lifetime of husband or wife and replaces IPC 494 (now 82(1)), IPC 495 (now 82(2)).
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 82(1) | Marrying again during the life time of a husband or wife. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 82(2) | Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. | Imprisonment for 10 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 82
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.
What changed from the IPC
- IPC 494 → BNS 82(1): IPC section is included as a sub-section.
- IPC 495 → BNS 82(2): IPC section is included as sub-section in BNS sans heading.
- IPC 495 → BNS 82(2): Words "defined in last preceding section" are excluded.
Frequently asked
What was BNS Section 82 in the IPC?
BNS Section 82 (Marrying again during lifetime of husband or wife) replaces Sections 494, 495 of the Indian Penal Code, 1860. IPC 494 is now BNS 82(1). IPC 495 is now BNS 82(2).
What is the punishment under BNS 82(1)?
Marrying again during the life time of a husband or wife – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 82(2)?
Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 82 bailable?
Bailable: BNS 82(1), 82(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 77 — Voyeurism
- BNS 78 — Stalking
- BNS 79 — Word, gesture or act intended to insult modesty of a woman
- BNS 80 — Dowry death
- BNS 81 — Cohabitation caused by man deceitfully inducing belief of lawful marriage
- BNS 83 — Marriage ceremony fraudulently gone through without lawful marriage
- BNS 84 — Enticing or taking away or detaining with criminal intent a married woman
- BNS 85 — Husband or relative of husband of a woman subjecting her to cruelty
- BNS 86 — Cruelty defined
- BNS 87 — Kidnapping, abducting or inducing woman to compel her marriage, etc