BNS Section 83 : Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
Section 83 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section specifically deals with instances where a marriage ceremony is fraudulently conducted without a lawful marriage, intending to deceive one or both parties into believing it is legally valid.
Definition of BNS Section 83
Section 83 of the BNS 2023 States:
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 and Illustration of Section 83 (Bharatiya Nyaya Sanhita, 2023)
The provided information describes an offense that criminalises fraudulent or dishonest conduct in undergoing a marriage ceremony when the individual knows it does not result in a lawful marriage. This provision is designed to prevent deception and protect individuals from being misled into believing they are in a legally valid marital relationship.
Key Elements of the Offense:
Punishment:
The law prescribes a penalty of up to seven years of imprisonment and a fine for committing this offense. The severity of the punishment underscores the importance of protecting individuals from deceit in personal relationships.
Explanation:
This provision is designed to:
Example:
A man knowingly participates in a wedding ceremony with a woman, pretending that they are lawfully married, even though he is aware that the marriage is not legally valid. This could happen, for instance, when someone performs a religious or social marriage ceremony but does not complete the required legal formalities (such as registering the marriage). The man does so with fraudulent intent, aiming to deceive the woman and others involved, believing he is entering into a legitimate marriage when, in fact, the marriage is not legally recognised.
In this case, the man can be prosecuted under Section 83, as he dishonestly went through the ceremony with the fraudulent intention of being married, knowing that the marriage was not legally valid. He could face imprisonment for up to seven years and a fine as a punishment for his actions.
Key Points of BNS Section 83
The law specifically targets individuals who knowingly participate in a marriage ceremony with dishonest or fraudulent intentions, fully aware that the marriage does not fulfill legal requirements and is therefore invalid.
Legal Consequences:
This law aims to preserve the integrity of marriage by penalising those who use deception in marriage ceremonies. It ensures that marriage contracts entered under false pretenses lack legal validity and helps protect individuals from potential exploitation or manipulation within the marital system.
Differences Between Section 83 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 83 and its equivalent Indian penal code IPC section 496 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 83 | Marriage ceremony fraudulently gone through without lawful marriage. | 496 | No change. |
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FAQs about Section 83 of the Bharatiya Nyaya Sanhita (BNS)
Can both men and women be victims under Section 83?
Yes, both men and women can be victims if they are deceived into believing they have entered a lawful marriage through a fraudulent ceremony.
Are there protection against misuse of Section 83?
Courts critically assess evidence and circumstances to prevent misuse, ensuring that only genuine cases of fraudulent marriage ceremonies are prosecuted.
Can a person unknowingly involved in the ceremony be charged?
No, Section 83 targets individuals who knowingly participate in the fraud. Innocent parties unaware of the deceit are not held liable.
Does Section 83 apply to traditional or informal marriage ceremonies?
Yes, it applies to any marriage ceremony, traditional or formal, if conducted fraudulently without intending to create a lawful marriage.
What actions can a victim take under Section 83?
A victim can file a complaint with the police, providing evidence of the fraudulent ceremony, and seek legal redress through the courts.
Can the accused defend themselves under Section 83?
The accused can argue that there was no intent to deceive or that the ceremony was conducted with mutual understanding of its informal nature.
Why is Section 83 significant in modern law?
Section 83 ensures accountability for fraudulent marital practices, protecting individuals from deception and upholding the sanctity and legality of marriage.
