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Section 83: Fraudulent Marriage Ceremony Without Lawful Marriage

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Magistrate 1st Class
Non-Bailable
Non-Cognizable
Formerly Sec 496 IPC
Section 82 All 358 Sections of Bharatiya Nyaya Sanhita Section 84

Legal Commentary & Landmark Judgments: Section 83

Section 83 penalizes a person who dishonestly or with a fraudulent intention goes through the ceremony of being married, knowing that they are not thereby lawfully married, prescribing imprisonment up to seven years, and fine.

  • Fraudulent Ceremony: The person goes through a mock, sham, or defective marriage ceremony.
  • Knowledge of Legal Invalidity: The actor knows with certainty that the ceremony does not create a lawful marriage.
  • Dishonest or Fraudulent Intent: Done with intent to deceive the other party, obtain dowry, secure foreign visas, or defeat inheritance rights.
Key Landmark Precedents:
  • Bhaurao Shankar Lokhande v. State of Maharashtra (AIR 1965 SC 1564): Clarified the distinction between Sections 494 and 496 IPC (Sections 82 and 83 BNS): Section 83 penalizes going through a marriage ceremony with fraudulent intent knowing it creates no lawful marriage.
  • Kailash Singh v. State of Rajasthan (1983): Held that a mock marriage ceremony staged to deceive a girl and her family constitutes an offence under this provision.
Courtroom Practice & Strategic Litigation Guidance:

In contract marriage or visa fraud trials where a spouse staged a fake ceremony using imposter priests or invalid documentation, file a complaint under Section 83 BNS: proving intentional ceremony invalidity secures conviction.

Section 82 All 358 Sections of Bharatiya Nyaya Sanhita Section 84