BNS 2023 — Offences Relating to Marriage (Sections 82–97): Complete Notes for Judiciary Exam 2027

Last Updated: April 2026

JUDICIARY 2027 | BNS MARRIAGE OFFENCES

BNS 2023 Sections 82–97 — Bigamy, Cruelty, Dowry Death, Abduction and Stalking — with IPC cross-references, landmark cases and PCS-J practice MCQs

Section 82 — Cohabitation Caused by Deceitful Belief of Lawful Marriage (IPC 493)

Text and Key Elements

Section 82 BNS penalizes every man who deceitfully causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief.

Essential elements:

1. The accused is a man.
2. He deceitfully caused a woman to believe she is lawfully married to him.
3. The woman is NOT lawfully married to him.
4. Cohabitation or sexual intercourse occurred in that erroneous belief.

Punishment: Imprisonment up to 10 years of either description + fine.

Key distinction from S.83: In S.82, actual cohabitation/sexual intercourse takes place. In S.83, only the ceremony takes place fraudulently — no requirement of cohabitation.

Exam Note: This section is gender-specific — only a man can be the accused. The woman is always the victim. The mens rea element is “deceitfully” — an honest belief that the marriage is valid would negate liability.

Section 83 — Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage (IPC 496)

Section 83 punishes any person who dishonestly or fraudulently goes through the ceremony of being married, knowing that he/she is not thereby lawfully married.

Punishment: Imprisonment up to 7 years of either description + fine.

Key features:

• Unlike S.82, this section applies to both men and women (gender-neutral).
• The section focuses on the ceremony, not on subsequent cohabitation.
• The accused must know they are not lawfully married by this ceremony.
• Example: A person who is already married goes through a second ceremony knowing it has no legal validity but induces the other party to believe it is valid.

Section 84 — Bigamy: Marrying Again During Lifetime of Husband or Wife (IPC 494 & 495)

Main Provision

Section 84 BNS provides that 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 up to 7 years + fine.

Aggravated Form — Concealment of Former Marriage

If the accused conceals the fact of the former marriage from the person with whom the subsequent marriage is contracted, punishment extends to 10 years + fine (IPC 495 equivalent, now merged into S.84 BNS).

Exception to Bigamy Liability

No offence is committed if the first marriage has been declared void by a court of competent jurisdiction, OR if the spouse has been continually absent for 7 years and has not been heard of as being alive by the person contracting the subsequent marriage — provided that person informs the other party about this situation before the second marriage.

Landmark Case: Sarla Mudgal v Union of India (1995)

The Supreme Court held that a Hindu husband converting to Islam solely to contract a second marriage, without dissolving the first, is guilty of bigamy under IPC 494 (now BNS 84). The court ruled that conversion to Islam does not automatically dissolve a Hindu marriage, and personal law cannot be used as a tool to defeat the criminal law on bigamy.

Significance for BNS: The ratio in Sarla Mudgal remains good law even under BNS 84. Religious conversion does not shield a person from bigamy prosecution if the first marriage subsists.

Other Relevant Case: Lily Thomas v Union of India (2000)

The Supreme Court reiterated that conversion to Islam for the purpose of bigamy is invalid and the second marriage is void. The husband remains liable under IPC 494 (now BNS 84).

Section 85 — Husband or Relative of Husband Subjecting Woman to Cruelty (IPC 498A)

Definition of Cruelty under BNS S.85

Section 85 defines cruelty as:

1. Willful conduct likely to drive the woman to commit suicide, or to cause grave injury or danger to life, limb, or health (mental or physical)
2. Harassment of the woman with a view to coercing her or any related person to meet any unlawful demand for property or valuable security, or on account of failure to meet such demand

Punishment: Imprisonment up to 3 years + fine.

Important Procedural Features

Landmark Cases on Section 85 / IPC 498A

• K.V. Prakash Babu v State of Karnataka (2016): SC held that suicide of wife within 7 years of marriage does not automatically invoke 498A/304B. Prosecution must prove cruelty/harassment as a proximate cause.
• Arnesh Kumar v State of Bihar (2014): SC issued guidelines on arrest in 498A cases — police should not arrest automatically, must apply mind to whether arrest is necessary. CJM must record reasons before issuing arrest warrant.
• Social Action Forum v Union of India (2018): SC reiterated that mandatory arrest under 498A is not permissible. Welfare committees to examine complaints before arrest.

Section 86 — Dowry Death (IPC 304B)

Essential Ingredients

Section 86 BNS (replacing IPC 304B) applies when:

1. Death of a woman is caused by burns, bodily injury, or abnormal circumstances
2. The death occurs within 7 years of marriage
3. It is shown that soon before death she was subjected to cruelty or harassment by her husband or his relatives
4. The cruelty or harassment was in connection with demand for dowry

Punishment: Imprisonment for a term not less than 7 years, which may extend to life imprisonment.

Presumption under BSA (formerly Section 113B, Evidence Act)

When it is shown that soon before death the woman was subjected to cruelty or harassment for dowry, the court shall presume that such person caused the dowry death. This is a statutory presumption — the burden shifts to the accused.

Key words: “soon before death” — Courts have interpreted this to mean proximate to the death, not a remote time. There must be a live link between cruelty and death.

Landmark Cases on Dowry Death

• Shanti v State of Haryana (1991): SC held that “soon before death” must be proximate and alive connection between cruelty and death. Stale/isolated incidents not enough.
• Hem Chand v State of Haryana (1994): Elaborated on the “soon before death” requirement — time gap between cruelty and death cannot be too long.
• Sher Singh v State of Haryana (2015): SC reiterated that once prosecution proves the ingredients of S.304B, presumption under S.113B Evidence Act automatically arises and accused must rebut it.

Section 86 vs Section 85 BNS

Section 87 — Abetment of Suicide of Married Woman (IPC 306 read with S.113A Evidence)

Where the suicide of a married woman is abetted by her husband or in-laws within 7 years of marriage, and it is shown that she was subjected to cruelty, the court may presume (not shall presume) abetment of suicide.

Punishment: Imprisonment up to 3 years + fine.

Note: Section 87 BNS codifies the old IPC 306 + Section 113A Evidence Act combination. The key word is “may” presume (discretionary), unlike S.86 where it is “shall” presume (mandatory). This distinction is frequently tested in PCS-J examinations.

Section 88 — Importation of Girl from Foreign Country (IPC 366B)

Whoever imports into India from a foreign country a girl under 21 years of age with intent that she may be, or knowing that she is likely to be, forced or seduced to illicit intercourse is punishable with imprisonment up to 10 years + fine.

Sections 89–95: Abduction and Kidnapping for Marriage

These sections address various forms of abduction and kidnapping connected to marriage:

• Section 89: Kidnapping or abducting woman to compel her marriage (replaces IPC 366)
• Section 90: Kidnapping, abducting, or inducing a woman for illicit intercourse (replaces IPC 366A)
• Section 91: Abduction of child under 10 years for purposes of theft (replaces IPC 369)
• Section 92: Kidnapping a child for begging (replaces IPC 363A)
• Section 93: Exploitation of a trafficked person (new provision aligning with Trafficking of Persons Act)
• Section 94: Hiring, employing, or engaging a child for sexual exploitation
• Section 95: Abetment of sexual exploitation

Sections 96–97: Stalking (PCS-J Important)

Section 96 — Stalking

A man commits stalking who:

1. Follows, contacts, or attempts to contact a woman to foster personal interaction despite a clear indication of disinterest
2. Monitors the use of internet, email, or any form of electronic communication of a woman

Punishment:

• First conviction: Imprisonment up to 3 years + fine
• Second or subsequent conviction: Imprisonment up to 5 years + fine

Exceptions: Acts by State for detection of crime, or mandated by law, are not covered.

Section 97 — Voyeurism

Whoever watches or captures images of a woman engaged in a private act (bathing, sexual activity, etc.) where she would reasonably expect privacy is guilty of voyeurism.

Punishment:

• First conviction: 1–3 years + fine
• Subsequent conviction: 3–7 years + fine

BNS vs IPC — Key Changes in Marriage Offences

Most important exam takeaway: Adultery (IPC 497) and Enticing a married woman (IPC 498) have been completely removed in BNS. This is a direct result of the Supreme Court’s constitutional ruling in Joseph Shine v Union of India (2018) which struck down IPC 497 as unconstitutional.