Bare Acts › BNS 2023 › Chapter XVIII
BNS Chapter XVIII – Marriage Offences (Sections 82–99)
Chapter XVIII groups together offences that arise in the context of marriage, including bigamy, fraudulent marriage ceremonies, enticing a married person, adultery (now decriminalised), and cruelty by husband or relatives. These provisions are among the most frequently invoked in Indian family law disputes that cross into criminal territory.
Bigamy (Section 82)
Whoever, having a spouse living, marries in any case in which such marriage is void by reason of its taking place during the life of such spouse, commits bigamy and is liable to imprisonment up to 7 years and fine. If the second marriage is performed by concealing the earlier marriage from the second party, the punishment rises to 10 years.
Fraudulent Marriage Ceremony (Section 83)
Whoever dishonestly or fraudulently goes through the ceremony of marriage knowing that it does not constitute a lawful marriage is punishable with up to 7 years imprisonment and fine. This provision protects those who are deceived into participating in ceremonies that have no legal validity.
Enticing or Taking Away a Married Person (Section 84)
Section 84 criminalises taking or enticing away a married person, or concealing or detaining that person, with intent to have illicit intercourse. Punishment is up to 2 years imprisonment, fine, or both.
Cruelty by Husband or His Relatives (Section 85–86)
Section 85 punishes a husband or his relative who subjects a woman to cruelty. Cruelty is defined under Section 86 as wilful conduct that drives a woman to suicide or causes grave injury, or harassment to coerce her or her family to meet unlawful demands for property or dowry. Punishment is up to 3 years and fine. This provision is among the most invoked in Indian criminal courts in matrimonial disputes.
Key Note on Section Numbers
Chapter XVIII of the BNS spans Sections 82–99 in the Act as enacted. Some sections were renumbered during drafting; practitioners should cross-verify with the official Gazette text when citing specific provisions in pleadings.
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