Code – Section 83 BNS
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.
Explanation of Section 83 BNS
What Does This Section Cover?
- Punishes individuals who deceitfully go through a marriage ceremony knowing it has no legal validity.
- Protects victims from fraudulent marriage claims.
- This includes fake marriages for property claims, immigration fraud, or deception for personal gain.
Key Legal Aspects:
- Intent Matters – The offender must know that the marriage is not legally valid.
- Punishment – Up to 7 years of imprisonment + fine.
- Applicable to both men and women who fraudulently conduct a fake marriage ceremony.
🔗 Read Section 82 BNS – Marrying Again During Lifetime of Spouse
Illustrations
Example 1: Fake Marriage for Financial Gain
A man falsely performs a wedding ceremony with a woman to gain access to her property. Since he knew that the marriage was not valid, he can be punished under Section 83 BNS.
Example 2: Marriage Without Legal Documentation
A person conducts a religious marriage ceremony but does not legally register the marriage. If one spouse was unaware that the marriage was invalid, the deceiving party can be punished under this section.
Example 3: Marriage for Immigration Purposes
A man performs a sham wedding with a woman to help her get citizenship, knowing that they are not legally married. This is a case of fraud under Section 83 BNS.
Common Questions and Answers on Section 83 BNS
1. Is Section 83 BNS a bailable offense?
- This offense is non-bailable, meaning bail is not easily granted.
2. What if the victim was unaware that the marriage was fake?
- The offender is punished, and the victim can seek legal remedies.
3. Can a fraudulent religious marriage be challenged in court?
- Yes, if a marriage ceremony was conducted fraudulently without legal validity, it can be challenged under Section 83 BNS.
4. How does this section differ from bigamy?
- Bigamy (Section 82 BNS) punishes a person who remarries while their spouse is alive.
- Section 83 BNS punishes someone who fraudulently performs a fake marriage ceremony without intending to be legally married.
5. What legal actions can a victim take?
- The victim can file a complaint under Section 83 BNS and seek legal compensation.
Conclusion
Section 83 BNS protects individuals from marriage fraud and deception. If you or someone you know has been a victim of fraudulent marriage practices, legal help is available.
For detailed legal guidance, visit ApniLaw today! 🚀
