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Bharatiya Nyaya Sanhita, 2023 Chapter V · Of Offences Against Woman and Child — Of Offences Relating to Marriage
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Bharatiya Nyaya Sanhita, 2023 — Section 83

Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage

Section 83 punishes whoever, dishonestly or with a fraudulent intention, goes through a marriage ceremony while knowing that he is not thereby lawfully married. The punishment is imprisonment of either description for a term which may extend to seven years, and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 83 to old IPC Section 496, and cross-checked directly against the bare text of both Acts. Old IPC Section 496 is present in this project's local IPC source text intact, under its own number, allowing a full direct comparison.

BNS 83IPC, 1860 equivalentCategory
83496 (Marriage ceremony fraudulently gone through without lawful marriage)Exact

Comparing the two texts word for word, the ingredients and punishment are reproduced without any substantive change: the requirement of dishonesty or fraudulent intention, knowledge that no lawful marriage results, and the punishment of imprisonment of either description for a term which may extend to seven years, and fine, all match the old provision exactly.

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words the entry:

Section 83: punishment — “Imprisonment up to 7 years and fine.” · cognizable or non-cognizable — “Non-cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Magistrate of the first class.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Fraudulently going through a marriage ceremony while knowing no lawful marriage results

Explanation (Lexovia's Commentary)

Section 83 requires two elements together: dishonesty or fraudulent intention, and actual knowledge on the accused's part that going through the ceremony will not result in a lawful marriage. This section is distinct from Section 82, which requires an actually void marriage due to a subsisting prior marriage — Section 83 instead targets a ceremony gone through with no lawful marriage resulting at all (for example, where a required legal formality is deliberately omitted or a false condition is misrepresented), knowingly and dishonestly, regardless of whether the accused has any other subsisting marriage.

Illustration (Lexovia's Own Example)
A, with fraudulent intention, goes through a marriage ceremony with Z, knowing at the time that a legal requirement essential to a lawful marriage has been deliberately omitted, so that no lawful marriage in fact results. A is liable under Section 83 to imprisonment of either description for a term which may extend to seven years, and fine.
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Related / Cross-Referenced Sections

FAQs

How is Section 83 different from Section 82?

Section 82 punishes marrying again while a former husband or wife is still living, making the new marriage void for that reason. Section 83 instead punishes knowingly and dishonestly going through a ceremony that results in no lawful marriage at all, regardless of whether the accused has any other subsisting marriage.

Does the accused have to know that no lawful marriage would result?

Yes. The bare text requires that the accused go through the ceremony "knowing that he is not thereby lawfully married," in addition to acting dishonestly or with fraudulent intention.

Is there a minimum punishment under Section 83?

No. The bare text states only a maximum of seven years' imprisonment, and fine, with no stated minimum term.

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