BNS Section 83: Marriage ceremony fraudulently gone through without a lawful marriage (2026)
What Section 83 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to Section 496 of the old Indian Penal Code (IPC), the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 83 of the Bharatiya Nyaya Sanhita (BNS) punishes a person who goes through a marriage ceremony dishonestly or fraudulently, knowing that it does not create a lawful marriage. It replaced Section 496 of the Indian Penal Code (IPC) from 1 July 2024. The punishment is imprisonment of up to seven years, and a fine. This explainer sets out what Section 83 covers, its ingredients, how it maps to the old law, and the punishment. Last verified October 2026.
- New section: a marriage ceremony fraudulently gone through without a lawful marriage is Section 83 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 496 of the IPC.
- Punishment: imprisonment up to seven years, and a fine.
- Classification: shown as non-cognizable, non-bailable, triable by a Magistrate of the first class (confirm against the current schedule).
01Why this section matters
A marriage ceremony is meant to create a lawful marriage. Some people go through the ceremony knowing full well that it does not, using the show of a wedding to deceive the other person or their family. Section 83 of the BNS punishes this fraud.
This matters because the ceremony looks real to the other side, even though the person going through it knows it is empty. For any such offence on or after 1 July 2024, the charge is read under Section 83 of the BNS, not Section 496 of the IPC.
02What Section 83 covers
Section 83 applies where a person, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he or she is not thereby lawfully married. The focus is on the person who takes part in the ceremony with a guilty mind, knowing it will not produce a lawful marriage.
This is different from bigamy, where a real second marriage is contracted during the life of a spouse. Section 83 does not need a lawful marriage to result at all. The wrong is going through the ceremony with fraud or dishonesty, knowing it is not lawful.
A fraudulent ceremony, not deceit without one
Section 83 is about actually going through a marriage ceremony with a guilty mind. Where a man creates a false belief of marriage by deceit without any such ceremony, the offence is Section 81 of the BNS.
03Key ingredients
To prove an offence under Section 83, these elements must be made out:
- Going through a ceremony: the accused went through the ceremony of being married.
- Dishonest or fraudulent intention: the accused did so dishonestly or with a fraudulent intention.
- Knowledge: the accused knew that he or she was not thereby lawfully married.
The guilty knowledge is central. If the person honestly believed the ceremony created a lawful marriage, the offence is not made out.
04Old to new: IPC 496 to BNS 83
Section 496 of the IPC is now Section 83 of the BNS. The offence and the seven year punishment are carried over, so the change here is mainly the number.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Provision | Section 496 | Section 83 |
| Conduct punished | Fraudulent marriage ceremony without a lawful marriage | Same |
| Imprisonment | Up to seven years | Up to seven years |
| Fine | Yes | Yes |
Because the text is carried over, decisions under Section 496 of the IPC continue to guide how Section 83 is read.
05Punishment and classification
The punishment under Section 83 is imprisonment of either description for a term which may extend to seven years, and a fine.
On classification, the offence under Section 83 is shown as:
- Non-cognizable: the police generally need an order of a Magistrate to investigate.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by a Magistrate of the first class.
Confirm the classification
As with other marriage offences, the classification under the new code should be confirmed against the current schedule, because it differs in places from the old Code of Criminal Procedure.
06What changed from the old law
For Section 83, the elements and the seven year punishment are carried over from Section 496 of the IPC, so the main change is the section number. Old case law still helps you read the fraudulent intention and knowledge requirements.
A related offence, where a woman is kidnapped or abducted to compel a marriage, is dealt with under Section 87 of the BNS. To look up how courts have read a fraudulent marriage ceremony, see case search across Indian courts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Charges under Section 83 often appear next to cheating and related marriage offences, moving through complaint, charge and trial. Claw lets you trace how courts have read a marriage ceremony gone through in bad faith, across the old Section 496 and the new Section 83. The platform searches 30 crore and more judgments, from the Supreme Court dating to 1950 and the High Courts to 1990, follows cases, orders and hearings across 9,102 courts, benches and forums, and returns what you ask for in under 5 seconds.
Claw does not put customer documents to work training its AI models, so your records remain yours. Start a free Claw account to pull the fraudulent-ceremony case law and to watch a live matter by the names of the parties or their advocates.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 83, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 496 IPC in the BNS?
Section 496 of the IPC is now Section 83 of the Bharatiya Nyaya Sanhita, 2023. It punishes going through a marriage ceremony dishonestly or fraudulently, knowing that it does not create a lawful marriage.
What is the punishment under BNS Section 83?
Imprisonment of either description for a term which may extend to seven years, and a fine.
How is Section 83 different from bigamy?
Bigamy involves contracting a second marriage during the life of a spouse. Section 83 does not need a lawful marriage to result. The wrong is going through the ceremony with fraud or dishonesty, knowing it is not lawful.
Is an offence under Section 83 bailable?
The classification shown under the new code is non-cognizable and non-bailable, triable by a Magistrate of the first class. Confirm the position against the current schedule before you act.
Does old case law on Section 496 still apply?
In large part, yes. Because the elements and punishment are carried over, decisions under Section 496 of the IPC continue to guide how Section 83 of the BNS is read.
Can I track a case under Section 83 in Claw?
Yes. Claw tracks a Section 83 matter by the names of the parties or their advocates, bringing up its orders and hearings across 9,102 courts, benches and forums in under 5 seconds. It researches and follows the case but does not offer legal advice.