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Section 83

Marriage ceremony fraudulently gone through without lawful marriage

Replaces colonial-era: IPC 496

BailableCognizable: Non-CognizableMagistrate First Class

Reform Highlights

1

Direct renumbering from IPC 496 to BNS 83.

2

Preserves the focus on fraudulent intent over actual marital status.

THE STATUTE

The Clause

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Legal Commentary

Section 83 targets a specific fraud — going through the motions of a marriage ceremony with the knowledge that it will not create a legally valid marriage, and doing so dishonestly or with fraudulent intent. Unlike bigamy (BNS 82), where a marriage actually occurs (even if void), BNS 83 covers the performance of a ritual or ceremony that the performer knows is legally meaningless. This could cover: a man who performs a 'sham' religious ceremony without registering it, knowing it creates no legal marriage; a person who participates in a fake wedding for immigration fraud; or someone who goes through a ceremony using a false identity. The key is that the perpetrator knows the ceremony will not result in a lawful marriage and has a dishonest or fraudulent purpose. The victim of the fraud — the other party who genuinely believes they are being married — is the person this section protects. The offence is complete when the ceremony is performed, regardless of whether cohabitation follows.

Landmark Precedents

Bhaurao Shankar Lokhande v. State of Maharashtra (1965)

AIR 1965 SC 1564
RELEVANCE

Distinguished deceitful cohabitation (BNS 83 / IPC 493) from bigamy — BNS 83 targets the specific deception inducing a woman to believe she is lawfully married, not a prior valid marriage.

Case Simulations

"A con artist who goes through a lavish fake wedding ceremony with a wealthy woman to claim marital rights over her property, knowing the ceremony has no legal validity — BNS 83."
"A man who uses a fake identity and officiates a mock religious ceremony to extract money from the bride's family as 'wedding gifts' — BNS 83."
"Participating in a sham marriage ceremony to fraudulently obtain a spouse visa — BNS 83 alongside immigration fraud provisions."

Expert Insights

Bigamy (BNS 82) involves a person who is already married attempting a second marriage that is technically valid but void due to the first marriage. Section 83 covers the fraudulent performance of a ceremony that the offender knows will never create any valid marriage at all — regardless of existing marriage status.
Not automatically. Many Indian communities perform religious ceremonies without immediate civil registration. The offence under BNS 83 requires dishonest or fraudulent intent — if the parties genuinely intended a binding marriage ceremony according to their custom, and registration is merely a later step, BNS 83 does not apply.