(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.
Simplified Explanation
Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of marrying again during the lifetime of a husband or wife, which is commonly referred to as bigamy. Here’s a detailed breakdown of this section:
What does Section 82 address?
This section criminalizes the act of marrying a person while their spouse is still alive and the previous marriage is not legally dissolved. In other words, it punishes a person who enters into a second marriage during the lifetime of their existing spouse without the first marriage being annulled, divorced, or legally terminated.
Elements of the offense under Section 82:
- Marrying Again During the Lifetime of Spouse:
- A person is prohibited from remarrying while their current spouse is alive and the marriage is still valid under the law.
- The law does not allow individuals to marry again until the dissolution of the previous marriage, through means such as divorce, annulment, or death of the spouse.
- No Legal Dissolution of the First Marriage:
- If the marriage between the person and their spouse has not been legally terminated, remarriage constitutes an offense.
- This section does not apply if the marriage was legally dissolved through divorce, or if the spouse has passed away.
Exceptions to the offense:
In certain legal systems, there are exceptions to bigamy laws, such as:
- If the first spouse has been missing for a long period and the court has declared them legally absent or presumed dead.
- In some jurisdictions, individuals may remarry under specific circumstances, like after an annulment or if the first marriage was invalid in some way.
However, under Section 82 of the Bharatiya Nyaya Sanhita, marrying again during the lifetime of a spouse without proper legal dissolution remains a punishable offense.
Punishment for Bigamy:
- Imprisonment and/or fine: The person guilty of bigamy under Section 82 may face imprisonment for up to 7 years and/or a fine. This penalty reflects the serious nature of the offense, as it undermines the integrity of lawful marriages and could potentially harm the emotional and financial well-being of the spouse involved.
Purpose and Protection:
The purpose of Section 82 is to:
- Protect the sanctity of marriage: It ensures that people do not enter into another marriage without ending the first one, which could lead to confusion, legal disputes, and emotional distress for both spouses.
- Prevent exploitation and fraud: By criminalizing bigamy, the law seeks to prevent people from manipulating or deceiving their spouses or entering into multiple marriages for personal gain.
Example scenario:
- Scenario 1: A man is legally married to a woman. Without divorcing her, he marries another woman. This would constitute bigamy under Section 82, as he has entered into a second marriage while his first spouse is still alive, and the first marriage was never legally dissolved.
- Scenario 2: A woman’s husband is missing, and after waiting for several years with no information about his whereabouts, she marries another man. If the court has declared her first husband legally absent or presumed dead, this may not constitute bigamy.
In essence, Section 82 criminalizes marrying a second person while a valid marriage is still intact, ensuring that marriages are legally binding and preventing individuals from committing fraud or emotional harm to their spouse by entering into multiple marriages simultaneously.
