Offences Relating to Marriage under BNS, 2023

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Offenses relating to marriage encompass a range of illegal acts that violate the legal or ethical standards surrounding the institution of marriage. These offenses, as outlined in the Bharatiya Nyaya Sanhita (BNS), 2023, are designed to protect the sanctity and integrity of marriage, ensuring it remains a consensual and respectful union between adults. Such laws address behaviors that undermine the foundational principles of marriage, including bigamy, adultery (though decriminalized in India as of 2018), cruelty by a spouse or their relatives, dowry-related violence, and fraudulent or deceitful marriage practices.

The legal framework surrounding offenses relating to marriage aims to deter actions that cause harm or injustice to partners within a marriage. By criminalizing certain behaviors, the law seeks to uphold the dignity and well-being of individuals, particularly women, who have historically been more vulnerable to abuse and exploitation in marital contexts. These offenses not only pertain to acts committed against a spouse but also include those that infringe upon the legal conditions for entering into or dissolving a marriage, such as the concealment of a previous marriage or the coercion of a person into marrying against their will.

In addressing offenses related to marriage, legal systems endeavor to balance respect for the institution of marriage with the protection of individual rights, promoting a societal standard where marriages are based on equality, consent, and mutual respect.

Offences Relating to Marriage under BNS, 2023

Section 80 (1) of BNS: Dowry Death

This section of BNS describes a legal definition and consequence related to dowry deaths in a jurisdiction where such laws are applicable. 

When a married woman dies due to burns, physical injury, or under unusual circumstances within seven years of her marriage, and it can be proven that she faced cruelty or harassment by her husband or his relatives over dowry demands shortly before her death, this incident is classified as a "dowry death." In such cases, the law assumes that the husband or his relatives are responsible for her death.

The term "dowry" in this context is defined as per the Dowry Prohibition Act, 1961, which typically includes property, valuable securities, or money that the bride's family gives to the groom, his parents, or his relatives as a condition of the marriage.

The significance of this law is that it places a legal obligation on the husband and his relatives to prove their innocence if they are accused of causing a dowry death. This law is designed to combat the social evil of dowry and protect women from harassment and violence related to dowry demands.

Section 80 (2) of BNS : Dowry Death

This provision outlines the punishment for anyone found guilty of committing a dowry death. If a person is convicted of causing the death of a woman through actions connected to dowry demands—such as harassment or violence leading to her death—the minimum punishment is imprisonment for seven years. This sentence can be extended to a lifetime in prison, depending on the severity of the offense and the circumstances surrounding the case. This law aims to deter dowry-related violence by imposing severe penalties on those who engage in such practices.

Section 81 of BNS: Cohabitation 

This legal provision targets the offense where a man deceives a woman into believing that she is lawfully married to him, when in fact she is not. This deception leads the woman to cohabit with the man or engage in sexual intercourse under the false belief of being in a lawful marriage. The law considers this act as a serious offense due to the deceit involved and the significant impact it can have on the victim's life. Therefore, a man found guilty of committing this offense can face a punishment of imprisonment for a term that may extend up to ten years. In addition to imprisonment, the offender may also be required to pay a fine. This provision aims to protect individuals from deceitful practices that exploit their trust and belief in the sanctity of marriage.

Section 82(1) of BNS: Crime of bigamy

This legal provision addresses the crime of bigamy, which is the act of marrying someone while still legally married to another person. The law states that if a person, whose spouse is still alive, goes ahead and marries another person, such a marriage is considered void (legally invalid) due to the existence of the first marriage. The individual committing this act can be punished with imprisonment for up to seven years and may also be required to pay a fine.

However, there are exceptions to this rule:

If the first marriage has been legally annulled or declared void by a competent court, then the individual is not guilty of bigamy.

If an individual marries again after their spouse has been missing for seven continuous years, without any information on their being alive during that period, they are not guilty of bigamy. This exception is based on the presumption that the missing spouse might be dead. However, before entering into the new marriage, the individual must inform their new partner about the circumstances of their previous marriage and the fact that their spouse has been missing, to the extent of their knowledge.

This provision aims to uphold the sanctity of marriage and ensure that individuals are not deceitfully or negligently entered into multiple simultaneous legal marriages, potentially causing harm and legal complications to all involved parties.

Section 82(2) of BNS: Bigamy

This legal provision specifically targets individuals who commit bigamy, as outlined in a sub-section (1), with the added factor of deceit. It addresses the scenario where a person, already married, enters into another marriage without disclosing the existence of their previous marriage to their new spouse. In such cases, the offense is considered more severe due to the deliberate concealment and deception involved.

The law stipulates that if someone is found guilty of marrying another person while still being lawfully married to someone else, and additionally hides this fact from their new partner, they can face a harsher punishment. This punishment can be imprisonment of either a simple or rigorous nature for a term that may extend up to ten years, and the individual may also be fined.

This provision aims to protect individuals from being misled into a marriage that is legally void and to uphold principles of honesty and transparency in marital relationships. It underscores the seriousness of entering into a marriage contract and the legal and moral obligations to disclose one's marital status to a prospective spouse.

Section 83 of BNS: Participate in a marriage ceremony with dishonest

This legal provision targets individuals who participate in a marriage ceremony with dishonest or fraudulent intentions, fully aware that the ceremony does not result in a lawful marriage. This could apply in situations where the person knowingly enters into a marriage that is invalid due to existing legal constraints (such as already being married to someone else, not meeting legal age requirements, or the presence of other legal impediments to marriage) but proceeds with the marriage ceremony to deceive the other party or for some other fraudulent purpose.

The law specifies that engaging in such behavior is a punishable offense. The punishment for knowingly participating in a sham marriage ceremony, with dishonest or fraudulent intentions, is imprisonment of either a simple or rigorous nature for a term that may extend up to seven years. Additionally, the individual may also be subjected to a fine.

This provision aims to uphold the sanctity and legal integrity of marriage by penalizing those who misuse the ceremony of marriage for deceitful or fraudulent ends. It protects individuals from being exploited or harmed by such dishonest actions and maintains the trust and sincerity essential to the institution of marriage.

Section 84 of BNS: Detaining a woman

This law addresses the act of taking, enticing away, concealing, or detaining a woman who is married, with the intent that she engages in illicit intercourse with someone other than her husband. The key elements of this offense include:

The woman is married: The person committing the act knows or has reason to believe that the woman is married to another man.

Intent: The primary intention behind the act is for the woman to engage in sexual intercourse outside her marriage.

Action: The act involves taking or enticing the woman away from her marital setting, or concealing or detaining her to fulfill this intent.

The law imposes a penalty on individuals who disrupt the marital bond by attempting to facilitate or force an extramarital affair. The punishment for such an offense can include imprisonment of either a simple or rigorous nature for up to two years, a fine, or both. This provision is designed to protect the sanctity of marriage and the legal rights of the spouse, deterring actions that could harm marital relationships and the social fabric at large.

Section 85 of BNS: Cruelty

This law addresses the issue of cruelty towards a woman by her husband or his relatives. The term "cruelty" can encompass a range of harmful behaviors, including physical violence, mental or emotional abuse, harassment, and economic deprivation, among others. The key elements of this offense include:

Relationship: The perpetrator must be the husband or a relative of the husband of the victim.

Cruelty: The action against the woman must qualify as cruelty, which could mean causing physical or mental harm, putting the woman in a situation of distress, or coercing her in ways that are harmful to her health, safety, or well-being.

The purpose of this provision is to protect women from abusive behaviors within the marital context, recognizing the power dynamics and dependencies that can exist in such relationships. It seeks to ensure the safety and dignity of women by holding those accountable who engage in cruel and abusive actions towards them.

The punishment for subjecting a woman to cruelty includes imprisonment for up to three years and may also include a fine. This serves as a deterrent against such behaviors and provides legal recourse for women who are subjected to cruelty by their husbands or his relatives.

Section 86 of BNS: Cruelty Definition

This explanation defines "cruelty" as it relates to legal provisions concerning the protection of women, particularly within the context of marital relationships. The definition of cruelty is broad, capturing a range of behaviors that can have severely detrimental effects on a woman's well-being. It is divided into two main categories:

Wilful Conduct Leading to Severe Harm: This includes any intentional behavior by the husband or his relatives that is so harmful that it could drive the woman to commit suicide or cause her significant injury or pose a serious threat to her life, physical health, or mental well-being. Examples could include physical violence, emotional abuse, and psychological torment.

Harassment for Coercive Purposes: This pertains to any form of harassment aimed at coercing the woman or her relatives into meeting an unlawful demand for property or valuable security. It also covers harassment that arises due to the woman's or her relatives' failure to meet such demands. This can include demanding dowry, which is illegal and considered a form of harassment.

The definition is designed to encompass a wide range of abusive behaviors, recognizing that cruelty can manifest in various forms, not just physical violence. It acknowledges the severe impact that such behavior can have on a woman's health and safety, including the risk of driving her to suicide or causing significant harm to her mental and physical health. The law aims to protect women from these forms of violence and coercion, providing a legal framework to address and penalize such actions.

Section 87 of BNS: Kidnapping and abduction of women

This legal provision addresses the serious offenses of kidnapping and abduction of women under specific circumstances that lead to forced marriages or non-consensual sexual relations. It is designed to protect women from being coerced into marriage against their will or being seduced or forced into illicit sexual activities. The law identifies two main scenarios under which the crime is committed:

Kidnapping or Abduction with the Intent for Forced Marriage: This part of the law deals with cases where a woman is kidnapped or abducted with the intention of compelling her to marry someone against her will. The motivation behind the act is the forced marriage, which is recognized as a violation of the woman's rights and autonomy.

Kidnapping or Abduction for Illicit Intercourse: This addresses situations where a woman is kidnapped or abducted with the intent or knowledge that she will be forced or seduced into non-consensual sexual relations. This part of the provision also covers the inducement of a woman to leave her place through criminal intimidation, abuse of authority, or other forms of compulsion, with the intent that she may be subjected to non-consensual sexual relations.

The law stipulates a punishment of imprisonment for up to ten years and the possibility of a fine for anyone found guilty of these offenses. The inclusion of criminal intimidation, abuse of authority, and other methods of compulsion as punishable offenses under this provision highlights the broad range of tactics that may be employed to coerce or force women into unwanted sexual situations or marriages, further emphasizing the law's intent to protect women from such coercive and exploitative practices.

Section 88 of BNS: Offense of miscarriage

This legal provision addresses the offense of causing a miscarriage to a pregnant woman without a medical justification that aims to save her life. The law differentiates between two scenarios based on the stage of pregnancy:

General Case: If someone voluntarily causes a woman to miscarry, and this action is not done in good faith for the purpose of saving the woman's life, the perpetrator can be punished with imprisonment for up to three years, or with a fine, or with both. This applies to cases where the pregnancy is at any stage.

When the Woman is "Quick with Child": This phrase refers to the stage in pregnancy when fetal movements are felt by the mother, generally around 18-20 weeks of gestation, indicating a more advanced stage of pregnancy. If a miscarriage is caused at this stage without the intention of preserving the woman's health or life, the law imposes a harsher penalty. The individual responsible can face imprisonment for up to seven years and may also be liable to a fine.

The provision also explicitly states that the law applies to women who cause themselves to miscarry, indicating that self-induced abortions without medical necessity are punishable under this section, except when it's done to save the woman's life.

This law aims to protect the unborn child and the health of the pregnant woman, emphasizing that actions leading to a miscarriage must only be carried out under circumstances where the woman's life is in danger and such actions are in good faith to save her. It underscores the seriousness of causing a miscarriage without a justified medical reason, with increased penalties for cases involving more advanced pregnancies.

Section 89: Miscarriage without consent

The legal provision you're referring to outlines penalties for committing an act mentioned in a preceding section (referred to as "section 88" here, but this seems to be a placeholder or reference point rather than a specific section from a recognized legal code) without the consent of the woman involved. This act could relate to causing a miscarriage or another offense against a pregnant woman, based on the context provided.

Key points of this provision include:

Consent: The critical factor that aggravates the offense is the absence of the woman's consent to the act. The law distinguishes between actions done with and without the woman's consent, treating the latter far more severely.

Pregnancy Stage Irrelevant: The provision applies irrespective of whether the woman is "quick with child" or not, meaning it doesn't matter how far along the pregnancy is. The emphasis here is on the lack of consent rather than the pregnancy stage.

Punishment Severity: The punishment for committing this offense without the woman's consent is severe, indicating the seriousness with which the law views the violation of bodily autonomy and consent. The potential penalties include:

  • Imprisonment for life, which represents one of the most severe penalties under the law.
  • Alternatively, imprisonment of either description (indicating that it could be either simple or rigorous imprisonment) for a term that can extend up to ten years.
  • The offender may also be liable to a fine, adding a financial penalty to the imprisonment.

This provision underscores the legal protection afforded to women's consent and bodily autonomy, especially in the context of pregnancy. It establishes a high standard for consent and imposes strict penalties for violations, reflecting the importance of protecting women from non-consensual acts that could affect their health, bodily autonomy, and reproductive rights.

Section 90 (1) & (2) of BNS: Miscarriage result death

This legal provision outlines the punishment for acts that not only intend to cause a miscarriage but also result in the death of the pregnant woman. The law differentiates between two scenarios based on the woman's consent:

General Offense: Under sub-section (1), if someone, intending to cause a miscarriage, performs an act that leads to the death of a pregnant woman, they face severe penalties. The law specifies imprisonment of either description (meaning it could be rigorous or simple imprisonment) for a term that may extend up to ten years. Additionally, the offender may also be liable to pay a fine. This subsection addresses the gravity of the outcome (the woman's death) stemming from an act aimed at causing a miscarriage, regardless of whether the woman had consented to the act aimed at ending the pregnancy.

Act Without Consent: Sub-section (2) elevates the severity of the punishment if the act leading to the woman's death was carried out without her consent. In such cases, the offender faces imprisonment for life or the punishment specified in sub-section (1), underscoring the seriousness of violating the woman's autonomy and the fatal outcome of such an act. This differentiation emphasizes the legal system's stance on consent as a critical factor in determining the severity of the crime and its punishment.

Knowledge of Potential Death Not Required: The explanation clarifies that for someone to be guilty of this offense, it is not necessary for them to have known that their actions were likely to cause the woman's death. This means that ignorance of the potential fatal outcome does not absolve the offender of responsibility. The focus is on the intent to cause a miscarriage and the resulting death of the woman.

This provision aims to protect pregnant women by penalizing not just the intention to cause a miscarriage but also holding individuals accountable for the severe consequence of the woman's death, emphasizing the importance of consent and the sanctity of life.

Section 91 of BNS: Child's death after birth

This legal provision addresses the offense of intentionally acting to prevent a child from being born alive or causing the child to die shortly after birth. The key elements and implications of this law are:

Intention: The crime centers around the perpetrator's intention to prevent a child from being born alive or to cause the child's death after birth. This intention distinguishes the act from accidents or medical interventions done without such a motive.

Action and Outcome: The law specifies that the perpetrator must have carried out an act that directly results in the child not being born alive or dying after birth. It's not merely the intention but the execution of such intention that constitutes the offense.

Exemption for Medical Necessity: The provision includes an important exception. Acts done in good faith for the sole purpose of saving the life of the mother are not punishable. This exception acknowledges and allows for medical interventions that might be necessary to protect the health or life of the mother, even if such actions have the unfortunate consequence of preventing the child from being born alive or causing its death post-birth.

Punishment: The law prescribes a severe penalty for anyone found guilty of this offense, indicating the seriousness with which it is treated. The punishment can include imprisonment of either description (rigorous or simple) for up to ten years, a fine, or both. The extent of the punishment reflects the gravity of deliberately interfering with the life of a child before or shortly after birth.

This provision aims to protect the rights and lives of unborn or newly born children by criminalizing actions intended to prevent their birth or cause their death, while also balancing the need for medical interventions that might be necessary to save the life of the mother.

Section 92 of BNS: Death of quick unborn child 

This legal provision addresses a specific and grave scenario where an individual's actions, under circumstances that could lead to culpable homicide (if death were caused), result instead in the death of a quick unborn child. 

Culpable Circumstances: The law focuses on actions taken in circumstances where, if death were to result, the act would be considered culpable homicide. This means that the actions are undertaken with the knowledge or intention that they could cause death, reflecting a degree of recklessness or intent.

Outcome - Death of a Quick Unborn Child: The specific outcome addressed here is the death of a quick unborn child, which means a fetus that has reached a stage in pregnancy where it is capable of movement in the uterus and is considered viable. The term "quick" traditionally refers to the point at which fetal movements are felt by the mother, historically used as a marker of fetal viability.

Punishment: The law prescribes a severe penalty for causing the death of a quick unborn child under such circumstances, with imprisonment of up to ten years and a potential fine. This reflects the seriousness of the act, treating the loss of life of a viable unborn child due to reckless or intentional harmful actions as a significant offense.

Illustration: The law includes an illustrative scenario to clarify the application of this provision. In this example, an individual (A) performs an act knowing it could likely cause the death of a pregnant woman. While the woman survives, the act leads to the death of her quick unborn child. This scenario underscores that the individual's knowledge and the dangerous nature of the act contribute to their culpability, even though the primary victim (the woman) did not die.

This provision aims to protect the lives of unborn children who are considered viable outside the womb, emphasizing that actions endangering such lives are punishable under the law, especially when those actions are taken in circumstances that demonstrate recklessness or intent to harm.

Conclusion

In conclusion, offenses relating to marriage are critical components of the legal framework that safeguard the sanctity and integrity of the marital institution. These laws are instrumental in preventing and addressing various forms of marital abuse, coercion, and deceit, thereby protecting the rights and well-being of individuals within the marriage. By criminalizing actions such as bigamy, marital cruelty, dowry harassment, and fraudulent marriage practices, the legal system aims to ensure that marriage remains a consensual union characterized by respect, equality, and dignity for both partners.

The evolution of these laws reflects a growing recognition of the importance of individual rights within the marriage and the need to protect vulnerable parties from exploitation and abuse. While there is always room for improvement and adaptation in response to changing societal norms and challenges, the existence and enforcement of offenses relating to marriage are crucial for promoting healthy, respectful, and lawful marital relationships. Ultimately, these laws contribute to the broader goal of achieving justice and equality within society, ensuring that marriage, as a key social institution, upholds the values of fairness and respect for all individuals.

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Barristery.in: Offences Relating to Marriage under BNS, 2023
Offences Relating to Marriage under BNS, 2023
Offenses relating to marriage encompass a range of illegal acts that violate the legal or ethical standards surrounding the institution of marriage. T
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