Section 83 BNS: Marriage ceremony fraudulently gone through without lawful marriage

Bharatiya Nyaya Sanhita, 2023

Section 83 BNS at a Glance

Section 83 BNS deals with marriage ceremony fraudulently gone through without lawful marriage. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 496 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to seven years.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 496 →

Section 83 BNS Bare Act Text

83. Marriage ceremony fraudulently gone through without lawful marriage

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.

Source: Section 83, Bharatiya Nyaya Sanhita, 2023

Section 83 BNS in Simple Words

Section 83 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who dishonestly or with a fraudulent intention goes through the ceremony of being married, while knowing that he is not thereby lawfully married. In simple terms, it targets sham or fake marriage ceremonies where one party intentionally misleads the other or the public into believing a valid marriage has taken place. The focus is on the dishonest or fraudulent conduct during the ceremony itself.

This provision applies where the accused knowingly takes part in a marriage ceremony without a lawful marriage resulting from it. It is meant to protect people from deception in matters of marriage, which can have serious personal, social, and financial consequences. In practice, it is used in cases involving fraud, false representation, and abuse of trust in marital relationships, and is punishable with imprisonment of either description for up to seven years, and is also liable to fine.

Ingredients of Section 83 BNS

  • Going through the ceremony of being married
  • Knowledge by the person that he is not thereby lawfully married
  • Acting dishonestly or with a fraudulent intention

Punishment Under Section 83 BNS

Imprisonment

Imprisonment of either description for up to seven years.

Fine

The offender is also liable to fine. The section prescribes no limit.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Going through the ceremony of being married dishonestly or with a fraudulent intention, knowing that one is not thereby lawfully married, carries imprisonment of either description for up to seven years, and liability to fine.

Example of Section 83 BNS

Karthik knows that the ritual he arranges at a rented premises outside Thrissur will not constitute a lawful marriage. He goes through the ceremony with Kavita, intending to defraud her and obtain possession of her property as her ostensible husband. Karthik went through the ceremony of being married dishonestly, knowing that he was not lawfully married. He is punishable under Section 83 BNS.

When Section 83 BNS Does Not Apply

  • The ceremony was valid and resulted in a lawful marriage
  • The accused believed that the ceremony made him lawfully married and had no knowledge that it did not
  • The ceremony was gone through neither dishonestly nor with a fraudulent intention
  • No ceremony of being married was gone through

Section 83 BNS in the IPC (Previous Law)

Section 83 BNS replaces Section 496 IPC from the old criminal code.

Section 496 IPC is now Section 83 BNS. The heading, the text of the section and the punishment remain unchanged.

View IPC Section 496 →

FAQs on Section 83 BNS

What does Section 83 BNS punish?▼

It punishes a person who dishonestly or with a fraudulent intention goes through a marriage ceremony knowing that he is not thereby lawfully married. The law is aimed at fake or sham marriage ceremonies, not genuine disputes about marriage validity.

Is Section 83 BNS a serious offence?▼

Yes. It carries imprisonment of either description for up to 7 years, and is also liable to fine. The law treats fraud in marriage as a serious matter because of the personal and social harm it can cause.

Does Section 83 BNS apply if the person believed the marriage was valid?▼

No. The prosecution must prove that the person knew he was not thereby lawfully married and acted dishonestly or with a fraudulent intention. If the person genuinely believed the ceremony created a lawful marriage, Section 83 BNS does not apply.

How is Section 83 BNS different from Section 81 BNS?▼

Section 83 BNS punishes dishonestly or fraudulently going through a marriage ceremony knowing no lawful marriage results, even without cohabitation. Section 81 BNS specifically applies where a man by deceit causes a woman to believe she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·