Bharatiya Nyaya Sanhita, 2023 · Section 82

BNS 82: earlier IPC 494 and 495

Section 82 of the Bharatiya Nyaya Sanhita, 2023 replaces Sections 494 and 495 of the Indian Penal Code, 1860. BNS 82 deals with marrying again during lifetime of husband or wife. It brings 2 old provisions together. The Bharatiya Nyaya Sanhita came into force on 1 July 2024.

Bharatiya Nyaya Sanhita

BNS 82 was IPC 494 and 495.

Marrying again during lifetime of husband or wife. · It brings 2 old provisions together.

Merged
Came from
Old wording kept in full
Old · IPC 1860 · Ch. XX
s. 494
Marrying again during lifetime of husband or wife
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 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. V
s. 82(1)of section 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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 494
CognizableNon-cognizable
BailableBailable
PunishmentImprisonment for 7 years and fine.
Triable byMagistrate of the first class.
For an offence under the BNS, check the First Schedule of the BNSS.

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