Bharatiya Nyaya Sanhita 2023
Section 82 :
Marrying again during lifetime of husband or wife :
(See section 494, 495 of IPC 1860)
Section : 82(1)
Classification of Offence:
Offence : Marrying again during the life time of a husband or wife.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The husband or wife or the person so marrying.
By Which Court Triable : Magistrate of the first class.
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Section : 82(2)
Classification of Offence:
Offence : 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 Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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(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.
Indian Penal Code 1860 (IPC 1860)
Section 494 :
Marrying again during lifetime of husband or wife:
(See section 82(1) of BNS 2023)
Classification of Offence:
Offence: Marrying again during the life time of a husband or wife.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : The husband or wife of the person so marrying.
By Which Court Triable :Magistrate of the first class.
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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.
Section 495 :
Same offence with concealment of former marriage from person with whom subsequent marriage is contracted:
(See section 82(2) of BNS 2023)
Classification of Offence:
Offence: 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 Non-cognizable : Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Whoever commits the offence defined in the last preceding section 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.