Introduction of Section 83 BNS
Section 83 BNS addresses the crime of fraudulently going through a marriage ceremony, knowing that the marriage is not legally valid. The law targets individuals who use deception in marriage ceremonies, ensuring they are punished for misleading others into believing the marriage is lawful.
- Introduction of Section 83 BNS
- What is BNS Section 83 ?
- BNS Section 83 in Simple Points
- Section 83 BNS Overview
- BNS 83 Punishment
- BNS 83 bailable or not ?
- Bharatiya Nyaya Sanhita Section 83
- BNS Section 83 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 83 ?
BNS Section 83 defines the offence of going through a marriage ceremony with fraudulent intent, knowing that the marriage is not legally valid. This section ensures that individuals who engage in such deceitful practices face legal consequences.
BNS Section 83 in Simple Points
Fraudulent Marriage Ceremony:
This section applies when a person knowingly goes through a marriage ceremony, aware that the marriage is not legally valid.
Dishonest Intent:
The person must have a fraudulent or dishonest intention to deceive the other party into believing that the marriage is legitimate.
Punishment:
If convicted, the person can be sentenced to imprisonment for up to seven years and may also be fined.
Non-Bailable Offence:
The offence is non-bailable, meaning the accused cannot easily be released on bail and must go through a trial.
Judicial Process:
Cases under this section are handled by a Magistrate of the First Class, ensuring that the matter is addressed by a senior judicial authority.
Section 83 BNS Overview
BNS Section 83 deals with situations where a person knowingly and dishonestly goes through a marriage ceremony even though they are aware that the marriage is not legally valid. The section is designed to prevent and punish fraudulent acts in the context of marriage, ensuring that individuals do not use deceit to manipulate others into believing they are lawfully married.
Section 83 BNS Overview – 10 Key Points
- Fraud in Marriage:
BNS Section 83 deals with cases where someone pretends to marry another person, even though they know the marriage is not valid. - Dishonest Intention:
The person must be acting with the intention to deceive the other party about the marriage being real. - Actual Ceremony:
The section applies when the person goes through with the marriage ceremony, knowing it is not legally valid. - Imprisonment:
A person found guilty under this section can be imprisoned for up to seven years. - Fine:
Besides imprisonment, the person may also have to pay a fine as part of their punishment. - Non-Cognizable Offence:
The offence is non-cognizable, meaning the police cannot arrest the accused without a warrant. - Non-Bailable:
This is a non-bailable offence, meaning the accused cannot easily secure bail before the trial. - Non-Compoundable:
The offence cannot be settled out of court; it must be tried in a court of law. - Tried by Magistrate:
The case will be tried by a Magistrate of the First Class, who is a senior judge. - Serious Legal Consequences:
The law imposes strict penalties to prevent and punish those who engage in fraudulent marriage ceremonies.
BNS 83 Punishment
- Imprisonment:
A person convicted under BNS Section 83 can be sentenced to up to seven years in prison. This punishment reflects the severity of the offence. - Fine:
In addition to imprisonment, the convicted person is also liable to pay a fine, reinforcing the financial consequences of committing this offence.
BNS 83 bailable or not ?
BNS Section 83 is non-bailable, which means that the accused does not have the right to be released on bail before the trial. Bail can only be granted by the court at its discretion.
Bharatiya Nyaya Sanhita Section 83
| Offence | Definition | Punishment | Cognizable/Non-Cognizable | Bailable/Non-Bailable | Triable By |
|---|---|---|---|---|---|
| Fraudulent Marriage Ceremony | Going through a marriage ceremony with fraudulent intent, knowing it is not legally valid | Up to 7 years imprisonment and fine | Non-Cognizable | Non-Bailable | Magistrate of the First Class |
The Bharatiya Nyaya Sanhita (BNS) Section 83 replaces the old Indian Penal Code (IPC) Section 496
BNS Section 83 FAQs
What does BNS Section 83 cover?
It covers the act of dishonestly or fraudulently going through a marriage ceremony, knowing that the marriage is not legally valid.
What is the punishment under BNS Section 83?
The punishment includes imprisonment for up to seven years and a fine.
Is BNS Section 83 bailable?
No, it is a non-bailable offence, meaning the accused cannot easily secure bail before trial.
Can someone be arrested without a warrant under BNS Section 83?
No, it is a non-cognizable offence, so a warrant is required for arrest.
Who handles cases under BNS Section 83?
Cases are tried by a Magistrate of the First Class.
Is there any way to settle a case under BNS Section 83 outside of court?
No, it is a non-compoundable offence, meaning it cannot be settled outside of court.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.
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