BNS Section 82: Marrying again during the lifetime of husband or wife

Bharatiya Nyaya Sanhita, 2023 · Chapter 5: Of Offences Against Woman and Child - Of sexual offences - Of criminal force and assault against woman - Of offences relating to marriage - Of causing miscarriage, etc. - Of offences against child

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82. (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.

Study: explanations and related material

Replaces IPC 494, IPC 495. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

82(1)Marrying again during the life time of a husband or wife.

Punishment
Imprisonment for 7 years and fine.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

82(2)Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted.

Punishment
Imprisonment for 10 years and fine.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 162. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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