BNS Section 82 — Marrying again during lifetime of husband or wife
CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD — Of offences relating to marriage
Family / Personal Law
Summary
Sub-section (1) states that a person who marries again while their husband or wife is still alive, in a situation where that second marriage is void because the first spouse is still living, can be punished with imprisonment of either kind for up to seven years, and can also be fined. The exception to this sub-section says it does not apply to a person whose earlier marriage has been declared void by a competent court, nor to a person who remarries while the former spouse is alive if that former spouse has been continuously absent for seven years and has not been heard of as alive during that time, provided the person getting remarried informs the new spouse of the true facts as far as they know them before the marriage takes place.
Sub-section (2) states that a person who commits the offence under sub-section (1) while hiding the fact of the earlier marriage from the person they are marrying can be punished with imprisonment of either kind for a term that may extend to ten years, and can also be fined.
Official Text
(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.
Related Judgments
- SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
- SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
- SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
- SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
- SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)