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
1. What is a Fraudulent Marriage Ceremony?
This section applies when a person knowingly goes through a marriage ceremony, even though they are fully aware that the marriage is not legally valid. The act of performing such a ceremony with false representation amounts to fraud.
2. What Role Does Dishonest Intent Play?
For this offence to apply, the person must have a fraudulent or dishonest intention. This means they deliberately deceive the other party into believing that the marriage is legitimate, even though they know it is invalid.
3. What is the Punishment for Fraudulent Marriage?
If convicted under BNSS Section 83, the offender can face imprisonment for up to seven years. In addition, the court may also impose a fine, making the punishment both custodial and financial.
4. Is This Offence Bailable?
No, it is a non-bailable offence. This means that the accused cannot easily be released on bail. Bail can only be granted by the court after carefully reviewing the seriousness of the offence.
5. Who Handles Such Cases?
Cases under this section are tried by a Magistrate of the First Class, a senior judicial authority. This ensures that the matter is given the legal scrutiny it deserves and that victims of fraudulent marriages receive proper justice.
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
1. Fraud in Marriage
This section specifically covers situations where a person pretends to marry another, even though they are fully aware that the marriage is invalid in law. Such acts are considered fraud because they create false beliefs and expectations for the victim.
2. Dishonest Intention
The offence is only established if the accused had a dishonest or deceptive intention. This means the person must have knowingly misled the victim into believing the marriage was genuine, despite knowing it was not legally valid.
3. Actual Ceremony
The law applies when the marriage ceremony is actually performed, even though it is legally void. For example, a person might go through the rituals of marriage without the legal capacity to marry, with the intention of deceiving the other party.
4. Imprisonment
A person found guilty under Section 83 can face imprisonment of up to seven years. This reflects the seriousness of marriage-related fraud, which can cause lasting emotional and social damage to the victim.
5. Fine
In addition to imprisonment, the offender may also be required to pay a fine. This financial penalty adds another layer of accountability, ensuring the punishment is both custodial and monetary.
6. Non-Cognizable Offence
The offence is classified as non-cognizable, meaning the police cannot arrest the accused without a warrant from the court. This provides a safeguard to ensure judicial oversight before any arrest is made.
7. Non-Bailable
Section 83 is a non-bailable offence, meaning the accused does not have the right to bail automatically. They must apply to the court, and bail is granted only after careful consideration by a judge.
8. Non-Compoundable
The offence is non-compoundable, which means it cannot be settled privately between the victim and the accused. Once a case is filed, it must go through the judicial process, ensuring justice is served through the courts.
9. Tried by Magistrate
Cases under this section are tried by a Magistrate of the First Class, who is a senior judicial officer with the authority to handle such serious cases. This ensures proper scrutiny of evidence and fair judgment.
10. Serious Legal Consequences
By imposing strict punishments and not allowing private settlements, the law acts as a deterrent against fraudulent marriages. It ensures that no one can exploit the sacred institution of marriage for deceitful purposes.
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.
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