Section 82 of the Bharatiya Nyaya Sanhita (BNS) applies when a person, having a living spouse, marries again in violation of the law, rendering the second marriage void.
This section ensures that individuals respect the sanctity of marriage and prevents bigamy unless exceptions apply under the law.
Punishment:
Whoever commits this offense shall be punished with imprisonment of up to seven years and shall also be liable to a fine.
If the offender conceals the fact of their previous marriage from the person they subsequently marry, the punishment may extend to ten years of imprisonment, along with a fine.
Exception:
This section does not apply in the following cases:
If the marriage with the first spouse has been declared void by a court of competent jurisdiction.
If the former spouse has been continually absent for seven years and not heard of as being alive during that time, provided the person remarrying has informed the new spouse of these facts.
How It Protects:
This section safeguards the rights of spouses in a marriage by penalizing those who engage in bigamy without legal justification.
It ensures transparency in marital relationships and discourages deceitful practices.
Example:
If a person, while already married, marries another without legally ending the first marriage, they are guilty under this section.
Similarly, if a person hides their first marriage and remarries, they face stricter punishment.
