The Bharatiya Nyaya Sanhita (BNS) 2023 replaced the Indian Penal Code (IPC), redefining several criminal provisions, including those related to marriage. One significant provision is Section 82 BNS, which deals with bigamy—the act of entering into a second marriage while the first is still legally valid. The section criminalizes such acts provides detailed punishment guidelines and ensures the integrity of marital relationships.

The law under section 82 BNS act is structured to differentiate between individuals who remarry knowingly and those who also conceal their first marriage from the second spouse. It includes exceptions to safeguard honest individuals. The punishment ranges up to ten years based on the gravity of the offense.

This article offers a structured overview of section 82 (1) BNS, section 82 (2) BNS, and relevant interpretations and also tells that section 82 BNS bailable or non bailable, section 82 BNS punishment, and explains the position of section 82 and 83 of BNS in India’s modern legal framework. Explore other important Judiciary Notes.

Section 82 BNS

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) and conceals the former marriage from the person with whom the subsequent marriage is contracted shall be punished with imprisonment which may extend to ten years and shall also be liable to fine.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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section 82 BNS criminalizes the act of bigamy. It applies to a person who marries again while their previous spouse is still alive, and that earlier marriage has not been legally dissolved. The law declares such a second marriage void and punishes the offender.

Section 82(1) of BNS punishes bigamy with imprisonment up to seven years and a fine. This penalty applies regardless of whether the second spouse knows about the first marriage. However, if the individual hides the existence of the previous marriage from their new partner, section 82(2) BNS imposes a stricter punishment—up to ten years imprisonment and a fine.

The law has certain exceptions. If a court has declared the earlier marriage void or if the spouse has been missing for at least seven years without any contact the individual may remarry without punishment—provided they disclose the facts to the new spouse. This ensures fairness in cases of good faith.

In essence bigamy section 82 BNS and bigamy punishment in BNS section aim to maintain the sanctity of marriage and protect individuals from deception. By differentiating between innocent and fraudulent acts, the section ensures that justice is served while also protecting honest individuals.

Section 82 BNS: Key Provisions

Section 82 of the Bharatiya Nyaya Sanhita (BNS) addresses bigamy, which is the act of marrying again while a previous marriage is still valid. It outlines penalties for individuals who contract a new marriage while their spouse is still alive and the marriage is void. Key points relating to section 82 of Bharatiya Nyaya Sanhita 2023 is provided as under: 

• Punishment: Imprisonment up to seven years and a fine for marrying again while a previous marriage is still valid.
   
• Concealing a former marriage: If the person conceals the fact of the former marriage from the person they are marrying, the punishment can extend to ten years imprisonment and a fine.
   
• Exceptions: If the previous marriage is declared void by a court or if the spouse has been missing for seven years and the individual has informed the new spouse of this fact.

In essence, Section 82 of the BNS aims to criminalize the practice of bigamy and to protect the sanctity of marriage by preventing individuals from being in multiple legal marriages at the same time.

To constitute an offense under section 82 BNS, the following elements must be present:

• Existence of a valid first marriage: The accused must have a legally recognized marriage still in effect.
• Second marriage: The individual contracts another marriage while the first is still valid.
• Absence of legal dissolution: There must be no legal annulment or divorce from the first spouse.
• Concealment (for 82 2 BNS): The accused must have intentionally hidden the first marriage from the new spouse.

The prosecution must prove these elements beyond reasonable doubt. Section 82(1) BNS addresses the base offense, while 82(2) BNS punishment covers aggravated circumstances involving deception. Exceptions apply only if the earlier marriage is declared void or the spouse is missing for over seven years and disclosure has been made.

Section 82 BNS : Nature and Scope 

Section 82 BNS is a preventive and penal provision that safeguards marital relationships. Its scope applies to all individuals, regardless of gender, who commit bigamy under the defined legal conditions.

• Cognizable: Police can arrest without prior approval from a magistrate.
• Non-bailable: Bail is not a matter of right; the court decides.
• Non-compoundable: The offense cannot be settled between the parties.
• Triable by: Magistrate of the first class.

Thus, in response to the query section 82 BNS bailable or non bailable, it is non-bailable. The law ensures that offenders are brought to justice and victims receive legal protection. It also enables swift legal intervention in cases involving fraudulent marital conduct.

Section 82 BNS act covers both conduct and intent. It punishes bigamy even without harm caused and increases penalties when deception is involved. The structure ensures balance between deterrence and justice.

Comparison with IPC Section 

Before BNS, similar conduct was covered under  Indian Penal Code (IPC). The transition to Section 82 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 82 and 83 of BNS consolidate and streamline IPC provisions, improving clarity and ensuring quicker legal resolution.

Section 82 BNS : Judicial Interpretation 

Indian courts have consistently upheld the seriousness of bigamy. Under section 82 BNS, courts examine the subsistence of the first marriage and the legality of the second.

In various cases, courts emphasized that mere ritual performance is not enough; both marriages must be legally valid and provable. For section 82 (2) BNS punishment, intent to deceive must be clearly established. Courts demand evidence of suppression or misrepresentation of facts regarding the first marriage.

The judiciary also reinforces the significance of protecting the second spouse’s rights, especially if they were unaware of the previous marriage. In such cases, the court grants higher punishment and compensation.

Through judicial pronouncements, bigamy section 82 BNS has been recognized not just as a legal offense but also as a social violation. Courts consider both the emotional and legal impacts while awarding sentences.

Section 82 BNS : Landmark Cases 

The landmark cases relating to section 82 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• Sarla Mudgal v. Union of India (1995): The Supreme Court held that conversion to Islam for the sole purpose of a second marriage does not nullify the first marriage. Such acts constitute bigamy and are punishable.
• Lily Thomas v. Union of India (2000): Under this case of Lily Thomas the court reiterated that men cannot escape bigamy charges by converting religion and remarrying. The first marriage must be legally dissolved first.
• Priya Bala Ghosh v. Suresh Chandra Ghosh: The court ruled that for conviction under bigamy laws, there must be direct proof of the second marriage, including evidence of rituals.
• Reema Aggarwal v. Anupam (2004): Even if the second marriage is void, if deception is involved, legal action under 82 2 BNS is justified.
• Kollam Chandra Sekhar v. Kollam Padma Latha: The court highlighted that both marriages must be proven beyond doubt. Circumstantial evidence is not sufficient.

These cases affirm that Indian courts strictly apply section 82 BNS act and interpret it with a focus on justice and deterrence.

Section 82 BNS : Legal Impact 

The implementation of Section 82 BNS has strengthened legal protection in marriages . It ensures individuals cannot remarry unlawfully without facing serious consequences . By declaring such marriages void and punishable it discourages the casual disregard of marital obligations.

Section 82 (1) BNS establishes punishment for bigamy, while 82(2) BNS punishment ensures deception receives stricter treatment. This protects second spouses—often victims of fraud—and upholds trust within marriages.

Being a cognizable and non-bailable offense, it gives police and courts power to act swiftly. The law also offers legal clarity, thanks to well-defined exceptions.

By replacing outdated IPC provisions, section 82 and 83 of BNS have simplified the process and closed loopholes. This change reflects society’s evolving values and strengthens the legal foundation against marital fraud.

Conclusion 

Section 82 BNS is a well-structured legal provision aimed at preventing bigamy and marital deception. It upholds monogamy by punishing unlawful second marriages with severity, especially when committed with intent to deceive.

The section has two distinct parts: section 82 (1) BNS for general bigamy and section 82 (2) BNS for cases involving concealment. Both forms invite imprisonment and fines. The section is non-bailable, non-compoundable, and triable by a first-class magistrate.

By including specific exceptions, the law ensures that only genuinely fraudulent acts are punished. It maintains a fine balance between deterrence and justice. The judiciary’s interpretation and landmark rulings have further cemented its role in ensuring matrimonial fairness.

Ultimately, bigamy section 82 BNS and its application through section 82 BNS act signal a strong legal stance against marital fraud. It ensures that no individual suffers due to hidden or unresolved past marriages, upholding the sanctity of marriage in modern India.