| Particular | Details |
|---|---|
| Section | BNS Section 82 of the Bharatiya Nyaya Sanhita, 2023 |
| Offence | Marrying Again During Lifetime of Spouse (Bigamy) |
| Replaces Old IPC | IPC Section 494 |
| Punishment | Up to 7 years imprisonment and fine |
| Cognizable | No |
| Bailable | Yes |
| Compoundable | Yes (by spouse with permission of the Court) |
| Triable By | Magistrate First Class |
Introduction
BNS Section 82 deals with the offence of marrying again during the lifetime of a spouse, commonly known as bigamy, under the Bharatiya Nyaya Sanhita, 2023. The provision aims to protect the institution of marriage by prohibiting a person from entering into another marriage while a legally valid marriage with a living spouse continues to exist.
This section replaces the former IPC Section 494 and continues the legal framework relating to bigamy. It also provides certain exceptions where a subsequent marriage may not amount to an offence under the law.
In this article, you will learn what BNS Section 82 covers, its punishment, whether the offence is bailable or cognizable, which court conducts the trial, the legal procedure involved, and how it compares with the old IPC Section 494.
What is BNS Section 82?
BNS Section 82 makes it an offence for a person to marry again during the lifetime of their husband or wife when the earlier marriage is legally valid and subsisting.
The section applies when a person enters into a second marriage while the first spouse is still alive, making the subsequent marriage void under law. The objective of the provision is to prevent bigamy and protect the legal rights of spouses.
The law also recognises certain exceptions in specific circumstances, such as where the earlier marriage has been declared void by a competent court or where the spouse has been absent for a prolonged period as provided by law.
Bare Act Text
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, has been continually absent for seven years and has not been heard of as being alive within that time, provided the true facts are disclosed before the marriage.
In Simple Words
BNS Section 82 punishes a person who marries again while their legally wedded spouse is still alive. In simple terms, a person cannot enter into a second valid marriage without legally ending the first marriage. However, the law provides exceptions where the earlier marriage has been declared void or where the spouse has been missing and unheard of for seven years under legally recognised conditions.
Essential Ingredients of BNS Section 82
For an offence under BNS Section 82 to be established, the prosecution generally has to prove the following:
- The accused had a legally valid husband or wife living.
- The first marriage was subsisting at the time of the second marriage.
- The accused contracted another marriage.
- The subsequent marriage was void because the earlier spouse was alive.
- None of the statutory exceptions applied to the case.
Punishment Under BNS Section 82
A person convicted under BNS Section 82 may be punished with:
- Imprisonment for a term which may extend to 7 years; and
- Fine.
The exact punishment depends on the facts and circumstances of each case and is determined by the court after considering the available evidence.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | No |
| Bailable | Yes |
| Compoundable | Yes |
| Triable By | Magistrate First Class |
Meaning of the Classification
A non-cognizable offence generally requires the police to follow the procedure prescribed by law before commencing an investigation.
Since the offence is bailable, an accused person may obtain bail in accordance with the law.
The offence is compoundable by the spouse with the permission of the court, allowing settlement in legally permissible situations.
Cases under BNS Section 82 are triable by a Magistrate First Class.
Bail Under BNS Section 82
BNS Section 82 is classified as a bailable offence.
An accused person may apply for bail and is generally entitled to be released on bail subject to compliance with the conditions imposed by the court. The grant of bail does not affect the merits of the case, which are decided during trial.
Which Court Has Jurisdiction?
Cases under BNS Section 82 are triable by a Magistrate First Class.
Generally, legal proceedings begin with the filing of a complaint, followed by examination of evidence and witness statements. The matter then proceeds before the competent Magistrate for trial and final adjudication.
Step-by-Step Legal Process
- Filing of a complaint.
- Examination of the complaint by the competent authority.
- Collection of evidence and supporting documents.
- Recording of witness statements.
- Framing of charges where required.
- Trial before the Magistrate First Class.
- Recording of prosecution evidence.
- Recording of defence evidence.
- Final arguments.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the higher court, if preferred.
IPC Section 494 vs BNS Section 82
| Aspect | IPC Section 494 | BNS Section 82 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Offence | Marrying Again During Lifetime of Husband or Wife | Marrying Again During Lifetime of Spouse |
| Punishment | Up to 7 years and fine | Up to 7 years and fine |
| Nature of Offence | Bigamy | Bigamy |
BNS Section 82 substantially continues the legal framework that previously existed under IPC Section 494. The offence, punishment, and legal consequences remain largely similar under the new criminal law framework.
Important Case Laws
Bhaurao Shankar Lokhande v. State of Maharashtra (1965)
The Supreme Court held that a conviction for bigamy requires proof that the second marriage was performed with the essential ceremonies required by law.
Kanwal Ram v. Himachal Pradesh Administration (1966)
The Court observed that the fact of a second marriage must be established through reliable evidence before a conviction for bigamy can be sustained.
Defences Available to the Accused
Depending on the facts of the case, the accused may raise the following legal defences:
- The first marriage was void.
- The first marriage had been legally dissolved.
- The spouse had been absent and unheard of for seven years as recognised by law.
- The alleged second marriage was not legally valid.
- Essential marriage ceremonies were not performed.
- False allegations or mistaken facts.
The success of any defence depends on the evidence presented before the court.
Real-Life Illustration
Suppose A is legally married to B. Without obtaining a divorce or annulment, A marries C while B is still alive. Since the first marriage continues to exist, the second marriage may be treated as void and A may be prosecuted under BNS Section 82 for bigamy.
However, if B had been continuously absent for seven years and had not been heard of as being alive during that period, the legal exception may apply subject to fulfilment of the conditions prescribed by law.
Conclusion
BNS Section 82 is an important provision of the Bharatiya Nyaya Sanhita, 2023 that deals with the offence of marrying again during the lifetime of a spouse. It seeks to prevent bigamy while protecting the legal rights of spouses. The offence is non-cognizable, bailable, and compoundable by the spouse with the permission of the court. A person convicted under this section may face imprisonment of up to seven years along with fine. Understanding this section helps individuals know the legal consequences, bail position, trial process, and applicable punishment under Indian criminal law.