Bharatiya Nyaya Sanhita, 2023
Section 83 BNS: Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
Section 83 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who dishonestly or with fraudulent intention goes through a marriage ceremony while knowing that the ceremony does not lawfully marry that person.
Current legal position: The Bharatiya Nyaya Sanhita, 2023 came into force from July 1, 2024. Section 83 is the current BNS provision dealing with fraudulently going through a marriage ceremony without a lawful marriage.
What does Section 83 BNS provide?
Section 83 applies where a person goes through the ceremony of being married dishonestly or with fraudulent intention and knows that the ceremony does not result in a lawful marriage.
The offence is punishable with imprisonment of either description for a term which may extend to seven years, and fine.
Essential ingredients of Section 83
The statutory wording points to the following essential elements:
- the accused goes through a ceremony of being married;
- the conduct is dishonest or accompanied by fraudulent intention;
- the accused knows that the ceremony does not create a lawful marriage; and
- the prohibited mental element exists at the time the ceremony is gone through.
Key point: Section 83 is not merely about an invalid marriage. It expressly requires dishonest or fraudulent intention together with knowledge that the ceremony does not create a lawful marriage.
Difference between Section 82 and Section 83 BNS
Section 82 deals with marrying again during the lifetime of an existing husband or wife where the later marriage is void for that reason. Section 83 addresses a different situation: a person goes through a marriage ceremony dishonestly or fraudulently while knowing that no lawful marriage is thereby created.
The applicable provision depends on the nature of the alleged conduct, the legal status of the marriage, and the evidence regarding knowledge and intention.
Punishment under Section 83 BNS
| Imprisonment | Imprisonment of either description for a term which may extend to 7 years |
|---|---|
| Fine | Fine is also provided |
Is Section 83 BNS cognizable and bailable?
| Cognizable | No - non-cognizable |
|---|---|
| Bailable | Yes |
| Trial court | Magistrate of the First Class |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the Section 83 offence as non-cognizable and bailable, and states that it is triable by a Magistrate of the First Class.
Complaint requirement under Section 219 BNSS
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 statutory exceptions contained in that section.
The provision also contains rules allowing specified persons to complain on behalf of an aggrieved person in situations such as childhood, mental incapacity, specified intellectual disability, sickness or infirmity, or other circumstances expressly recognised by the section.
Section 83 BNS and former Section 496 IPC
Section 83 BNS substantially carries forward the offence formerly contained in Section 496 of the Indian Penal Code, 1860. The central focus remains the dishonest or fraudulent going through of a marriage ceremony with knowledge that the ceremony does not create a lawful marriage.
Related marriage offences under the BNS
Section 81 deals with cohabitation caused by deceitfully inducing a belief of lawful marriage. Section 82 deals with marrying again during the lifetime of a husband or wife. Section 84 deals with enticing, taking away or detaining a married woman with criminal intent.
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 83 of the Bharatiya Nyaya Sanhita, 2023. Whether the provision applies in a particular case depends on the facts, evidence, legal validity of the alleged marriage, procedural law and applicable judicial decisions.