Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 82: Marrying again during lifetime of husband or wife.
(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.
Brief Detail
BNS Section 82 addresses the legal consequences for marrying again while a previous spouse is still alive. Under this section, such a marriage is void and punishable by imprisonment for up to seven years and a fine. However, exceptions apply if the previous marriage has been legally declared void or if the former spouse has been absent and unreported for seven years. In cases where the previous marriage was concealed, the punishment can extend to ten years of imprisonment and a fine.
Question & Answers
Q: What is the punishment for marrying again during the lifetime of a spouse according to BNS Section 82?
A: The punishment is imprisonment of either description for a term that may extend to seven years, and the person shall also be liable to a fine.
Q: Are there any exceptions to this rule under BNS Section 82?
A: Yes, exceptions include cases where the marriage has been declared void by a competent court or if the former spouse has been absent and unheard of for seven years. The person must inform the new spouse about the previous marriage before proceeding.
Q: What happens if the previous marriage was concealed from the new spouse?
A: If the previous marriage was concealed, the punishment is imprisonment of either description for a term which may extend to ten years, and the person shall also be liable to a fine.
Example
1. Case 1: John, who is still married to Jane, marries Emily without Jane's marriage being legally declared void. John could face imprisonment for up to seven years and a fine under BNS Section 82.
2. Case 2: Mary marries Tom after her previous spouse, Robert, has been missing and unreported for seven years. Since Robert's absence meets the criteria, Mary's marriage to Tom is not punishable under this section.
3. Case 3: Paul marries Lisa but conceals his previous marriage to Sarah. Paul could face up to ten years of imprisonment and a fine for concealing the fact of his former marriage.
Summary
BNS Section 82 penalizes those who marry again while their previous spouse is still alive, with possible imprisonment of up to seven years and fines. Exceptions include cases where the previous marriage is legally declared void or if the previous spouse has been absent and unreported for seven years. Concealing a prior marriage during a new marriage leads to more severe penalties, including imprisonment for up to ten years and fines.
