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.
Simplified Explanation
Section 83 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the fraudulent marriage ceremony without a lawful marriage. This provision criminalizes cases where a marriage ceremony is conducted, but there is no legal marriage. Essentially, it addresses situations where a person goes through the motions of a marriage ceremony (such as performing rituals or signing documents), but the marriage itself is not legally valid.
What does Section 83 address?
This section criminalizes the act of performing a marriage ceremony or creating the appearance of a marriage, but without the existence of a valid and lawful marriage under the law. It can be seen as an offense committed by either party involved in such fraudulent actions.
Elements of the offense under Section 83:
- Fraudulent Marriage Ceremony:
- The act of going through a marriage ceremony, including religious or social rites, in a manner that misleads people into believing that a valid marriage has occurred.
- The ceremony may involve elements such as exchanging vows, performing rituals, signing marriage contracts, or appearing before witnesses, but the essential legal requirements for a valid marriage are not met.
- No Lawful Marriage:
- Despite the appearance of a marriage, the actual legal requirements (such as registration, consent, eligibility, or compliance with any relevant law) are not fulfilled. This means that the ceremony is void and does not result in a lawful marriage.
- Intention to Deceive:
- For this section to apply, the person who goes through with the ceremony must have the intention to deceive others into believing that a valid marriage has taken place. This includes deceiving the other party, family members, or the public.
Punishment for the Offense:
- Imprisonment and/or fine: If someone is found guilty of conducting a fraudulent marriage ceremony, they could face imprisonment of up to 3 years and/or a fine. The punishment serves as a deterrent to prevent individuals from creating false marital bonds for the sake of social, legal, or financial benefits.
Purpose and Protection:
The aim of Section 83 is to:
- Prevent deception: It ensures that individuals cannot deceive others into believing they are legally married by performing a ceremony without fulfilling the legal requirements for marriage.
- Uphold the sanctity of lawful marriages: The section protects the institution of marriage from fraudulent practices and ensures that people enter into genuine, legally recognized marriages.
Example scenario:
- Scenario 1: A man and woman perform a traditional marriage ceremony with the full involvement of their families and witnesses, but they never meet the legal requirements for marriage (such as registration with the authorities). Although the public believes they are married, the marriage is not valid under the law. This would constitute an offense under Section 83 if the ceremony was done with the intention to deceive.
- Scenario 2: A man falsely convinces a woman and her family that a marriage ceremony is legitimate, even though it does not fulfill the legal criteria, such as age, consent, or other formalities. If done intentionally to deceive, it is a violation of this section.
In short, Section 83 addresses the issue of creating a false appearance of marriage through a fraudulent ceremony, ensuring that only legally valid marriages are recognized and preventing people from exploiting social or legal norms for personal gain.
