BNS Section 82

---

Introduction of Section 82 BNS

BNS Section 82 addresses the offence of marrying another person while already having a living spouse, which makes the second marriage void. This section outlines the legal consequences for individuals who enter into such a marriage and provides exceptions for specific situations where the second marriage may not be considered illegal.

---

---

What is BNS Section 82 ?

BNS Section 82 deals with the act of marrying someone else while a previous marriage is still legally valid. If a person, with a living spouse, marries another person, this marriage is considered void, and the individual can be punished with imprisonment and a fine. The law also covers cases where the fact of the first marriage is concealed from the new spouse.

---

BNS Section 82 in Simple Points

1. Void Second Marriage: Marrying another person while having a living spouse is considered void under the law, making the second marriage illegal.
   • The law deems such a marriage invalid and treats it as a punishable offence.
2. Punishment for Offence: A person guilty of this offence can face imprisonment for up to seven years, along with a fine.
   • The law imposes a significant penalty to deter such actions.
3. Concealment of First Marriage: If the person conceals their first marriage from the new spouse, the punishment increases to imprisonment for up to ten years.
   • Hiding the fact of an existing marriage is treated more severely under the law.
4. Exceptions to the Rule: The law does not apply if the first marriage has been legally declared void or if the previous spouse has been missing for seven years without being heard from.
   • These exceptions provide relief in specific, justified circumstances.
5. Bailable Offence: The offence under this section is bailable, meaning the accused can seek bail from the court.
   • The accused has the right to request bail while awaiting trial.

---

Section 82 BNS Overview

BNS Section 82 deals with the act of a person marrying again while their first spouse is still alive, which makes the second marriage legally invalid. If a person remarries under such conditions, they can be punished with imprisonment for up to seven years and a fine. There are exceptions, such as if the first marriage was legally declared void or if the spouse has been missing for seven years.

Section 82 BNS Overview – 10 Key Points

1. Illegal Second Marriage: Marrying someone else while still married to another person is illegal.
   • The second marriage is not recognized by law and is void.
2. Seven-Year Imprisonment: If caught, the person can be sent to jail for up to seven years.
   • The law ensures a strict punishment to discourage this offence.
3. Fine Imposed: Besides jail time, the person may also have to pay a fine.
   • A financial penalty is also included as part of the punishment.
4. Hiding the First Marriage: If someone hides their first marriage from their new spouse, they can be jailed for up to ten years.
   • This is treated as a more serious crime due to the deception involved.
5. Legal Exceptions: The law makes exceptions for cases where the first marriage was declared void or the spouse has been missing for seven years.
   • These exceptions acknowledge certain situations where remarriage might be justifiable.
6. Bailable Offence: The person accused can apply for bail and may be released until the trial.
   • The court has the discretion to grant bail to the accused.
7. Non-Cognizable Offence: The police cannot arrest the accused without a warrant.
   • Judicial oversight is required before any arrest is made.
8. Triable by Magistrate: The offence is tried by a Magistrate of the First Class.
   • A senior judicial officer handles the case.
9. No Compromise: The offence is non-compoundable, meaning it cannot be settled out of court.
   • The case must be resolved through the legal process.
10. Legal Protection: The section aims to protect the sanctity of marriage and prevent deceitful practices.
    • It ensures that individuals cannot take advantage of the institution of marriage.

Examples of BNS Section 82

1. Example 1:
   If a man marries a second woman while his first wife is still alive and he hasn’t divorced her, the second marriage is void, and he can face imprisonment for up to seven years.
2. Example 2:
   A woman marries another man, hiding the fact that she is still married to her first husband. If this is discovered, she can face imprisonment for up to ten years because she deceived her second spouse.

---

BNS 82 Punishment

Imprisonment: An individual who marries again while still having a living spouse can be imprisoned for up to seven years. If the first marriage was concealed, the imprisonment can extend up to ten years.

Fine: In addition to imprisonment, the person may also be required to pay a fine, serving as a financial deterrent against committing the offence.

---

BNS 82 bailable or not ?

BNS Section 82 is a bailable offence, meaning the accused has the right to request bail and may be released from custody while awaiting trial, provided they meet the conditions set by the court.

---

Bharatiya Nyaya Sanhita Section 82

Offence	Definition	Punishment	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Triable By
Marrying again during the lifetime of spouse	Marrying someone else while having a living spouse, which makes the second marriage void	Up to 7 years imprisonment and fine	Non-Cognizable	Bailable	Magistrate of the First Class
Concealing the first marriage	Hiding the fact of the first marriage from the new spouse	Up to 10 years imprisonment and fine	Non-Cognizable	Bailable	Magistrate of the First Class

---

BNS Section 82 FAQs

---

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.

---