82. (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.
IPC Section 495 in BNS: Section 82(2)
Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
Section 495 of the Indian Penal Code, 1860 (Same offence with concealment of former marriage from person with whom subsequent marriage is contracted) corresponds to Section 82(2) of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 82(2) is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 10 years and fine.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 82(2) | Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. | Imprisonment for 10 years and fine. | Non-cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 82(2)
Full BNS Section 82 and every IPC section it replaced →
Other IPC sections now in BNS 82
- IPC 494: Marrying again during lifetime of husband or wife → BNS 82
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