Section 82 BNS: Marrying again during lifetime of husband or wife
Bharatiya Nyaya Sanhita, 2023
Section 82 BNS at a Glance
Section 82 BNS deals with marrying again during lifetime of husband or wife. It is bailable and non-cognizable; it replaced Sections 494 and 495 IPC on 1 July 2024.
Imprisonment of either description for up to seven years.
Section 82 BNS Bare Act Text
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.
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.
Source: Section 82, Bharatiya Nyaya Sanhita, 2023
Section 82 BNS in the IPC (Previous Law)
FAQs on Section 82 BNS
Under Section 82(1) BNS, is a second marriage automatically illegal if the first marriage is still valid?▼
Yes, if the first marriage is legally subsisting and the person goes through another valid marriage ceremony, this section can apply. The exact facts matter, especially whether the earlier marriage was dissolved or whether any statutory exception is available.
Does Section 82(1) BNS punish the second spouse as well?▼
Usually, the main liability is on the person who contracts the second marriage while the first marriage continues. A second spouse may face consequences only in limited situations, depending on knowledge, participation, and the facts of the case.
Under Section 82(1) BNS, can a complaint be filed if the first marriage was never registered?▼
Yes. Registration is not the deciding factor. What matters is whether a valid marriage existed in law and whether it was still in force when the second marriage took place.
What is the practical effect of Section 82(1) BNS in family disputes?▼
It often strengthens a spouse’s case in matrimonial litigation, maintenance disputes, and related civil proceedings. It may also support allegations of concealment, cruelty, or fraud, depending on the surrounding facts.
What is Section 82(2) of the Bharatiya Nyaya Sanhita about?▼
Section 82(2) BNS covers a second marriage during the lifetime of a husband or wife where the person hides the fact of the earlier marriage from the person they are marrying. It applies only when the offence under Section 82(1) BNS is made out and there is concealment of the former marriage. The punishment may extend to ten years and liability to fine.
What has to be proved for an offence under Section 82(2) BNS?▼
It must be shown that the person had a husband or wife living, contracted a later marriage in a case where that later marriage is void for that reason, and concealed the fact of the earlier marriage from the other person. The concealment is what makes it fall under Section 82(2) BNS instead of only Section 82(1) BNS. The exact facts and proof will depend on the case.
Is Section 82(2) BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for hiding a previous marriage and marrying again under Section 82(2) BNS?▼
The bare text says the punishment may extend to ten years' imprisonment of either description, and the person is also liable to fine. This is the punishment specifically stated for committing the Section 82(1) BNS offence after concealing the former marriage from the new spouse.
How is Section 82(2) BNS different from Section 82(1) BNS?▼
Section 82(1) BNS deals with marrying again during the lifetime of a husband or wife where the later marriage is void for that reason. Section 82(2) BNS is the aggravated form where the person also conceals the fact of the former marriage from the person they marry later. Under the bare text, Section 82(1) BNS may extend to seven years and liability to fine, while Section 82(2) BNS may extend to ten years and liability to fine.
Section 82 BNS: Sub-sections Explained
Section 82(1) BNS: Marrying again during lifetime of husband or wife
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Bare Act Text
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.
Explained in Simple Words
Section 82(1) of the Bharatiya Nyaya Sanhita (BNS) deals with marrying again while a first marriage is still legally subsisting. In simple terms, if a person who is already lawfully married goes through another marriage ceremony during the lifetime of the first spouse, where the second marriage is void for taking place during that spouse's life, the law treats it as an offence. An exception applies where the earlier marriage has been declared void by a competent court, or where the former spouse has been continually absent for seven years and not heard of as alive within that time and the new partner is informed of the real facts before the marriage. This sub-section applies to the person who enters into the second marriage, not to every person connected with the marriage ceremony.
The law is meant to protect the sanctity of marriage and prevent fraud on the first spouse. In practice, this section often comes up in matrimonial disputes, especially where one spouse alleges concealment of an existing marriage or a second marriage during pendency of separation proceedings. It can also affect inheritance, maintenance, and the validity of family status claims.
Key Ingredients
- A person having a husband or wife living who marries again
- The marriage being void by reason of its taking place during the life of that husband or wife
Punishment
🔒 Imprisonment of either description for up to seven years.
💰 The offender is also liable to fine. The section prescribes no limit.
Marrying again during the lifetime of a husband or wife, where such marriage is void by reason of taking place during the life of that husband or wife, carries imprisonment of either description for up to seven years, and liability to fine.
Real-World Example
When This Does Not Apply
- The prior marriage had been dissolved by a decree of divorce or had ended upon the death of the spouse before the subsequent marriage took place
- The prior marriage was declared void by a Court of competent jurisdiction
- The former spouse had been continually absent for seven years and not heard of as being alive, and the accused, before the marriage, informed the new spouse of the real state of facts so far as they were within his or her knowledge
- The marriage is not void under the law governing the parties by reason of taking place during the life of the husband or wife
Previous Law
IPC 494 → Section 82(1) BNS
Section 494 IPC is now Section 82(1) BNS. The wording of the offence and the punishment of imprisonment for up to seven years with liability to fine remain unchanged, except that the Exception now refers to this sub-section instead of this section.
Section 82(2) BNS: Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
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Bare Act Text
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.
Explained in Simple Words
Section 82(2) of the Bharatiya Nyaya Sanhita (BNS) deals with the aggravated form of marrying again during the lifetime of a husband or wife where the offender conceals the former marriage from the person with whom the subsequent marriage is contracted. It applies when all the ingredients of bigamy under Section 82(1) BNS are met and the accused also hides the existence of the prior subsisting marriage from the new spouse.
Because the second spouse is deceived into entering a void marriage without knowing about the earlier marriage, the law treats this conduct more severely than an offence under Section 82(1) BNS alone, increasing the maximum punishment from seven years to ten years of imprisonment of either description, along with liability to fine.
Key Ingredients
- Commission of the offence under Section 82(1) BNS
- Concealment of the fact of the former marriage from the person with whom the subsequent marriage is contracted
Punishment
🔒 Imprisonment of either description for up to ten years.
💰 The offender is also liable to fine. The section prescribes no limit.
Marrying again during the lifetime of a husband or wife, having concealed the fact of the former marriage from the subsequent spouse, carries imprisonment of either description for up to ten years, and liability to fine.
Real-World Example
When This Does Not Apply
- The accused did not commit the offence under Section 82(1) BNS, as where the prior marriage had been dissolved or was declared void by a competent Court
- The fact of the former marriage was disclosed to and known by the person with whom the subsequent marriage was contracted
Previous Law
IPC 495 → Section 82(2) BNS
Section 495 IPC is now Section 82(2) BNS. The cross-reference to the offence defined in the last preceding section is updated to the offence under the first sub-section, while the substance and punishment of imprisonment for up to ten years with liability to fine remain unchanged.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·