Indian criminal law | Updated 31 October 2026

IPC Section 496 and BNS Section 83: Fraudulent Marriage Ceremony

A guide to the offence of dishonestly or fraudulently going through a marriage ceremony while knowing that no lawful marriage results, including the elements of the offence, punishment and applicable procedure.

Meaning of IPC Section 496 and BNS Section 83

Section 496 of the Indian Penal Code, 1860, was titled Marriage ceremony fraudulently gone through without lawful marriage. It penalised a person who, dishonestly or with fraudulent intention, went through the ceremony of being married while knowing that the ceremony did not make that person lawfully married.

Section 83 BNS carries forward the same substantive offence. The focus is not merely on whether a marriage is invalid, but on the accused person's dishonest or fraudulent intention and knowledge at the time of going through the ceremony.

Statutory provision and punishment

Section 83 BNS: 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.

Former IPC Section 496: The provision contained the same substantive wording and prescribed imprisonment of either description for up to seven years and liability to fine.

Essential ingredients of the offence

1. A marriage ceremony: The accused goes through a ceremony purporting to be a marriage.
2. Absence of lawful marriage: The ceremony does not result in a legally valid marriage.
3. Knowledge: The accused knows that the ceremony does not lawfully marry the parties.
4. Dishonesty or fraudulent intention: The accused acts dishonestly or with a fraudulent intention. Mere invalidity, without the required mental element, is not enough to establish this offence.

Whether a marriage is legally valid may depend on the personal law and statutory requirements applicable to the parties. Evidence concerning the ceremony, representations, communications and the accused person's knowledge may therefore be important.

Illustrative example

A person deliberately stages a purported marriage ceremony, knowing that it cannot create a lawful marriage, in order to deceive the other participant. If the prosecution proves the ceremony, the knowledge and the dishonest or fraudulent intention, Section 83 BNS may be attracted. This example is illustrative; actual liability depends on the facts and evidence.

Classification and criminal procedure

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence under BNS Section 83 is classified as non-cognizable and non-bailable and is triable by a Magistrate of the First Class.

Non-cognizable means that police do not ordinarily investigate without the Magistrate's order and cannot arrest without warrant merely on the basis of this offence. Non-bailable means that release on bail is subject to the applicable judicial discretion rather than being an automatic statutory right.

Prosecution of offences relating to marriage may also be subject to the special rules on cognizance and complaints under Section 219 BNSS. The identity of the complainant and any statutory exceptions must be assessed in the individual case.

Difference from related marriage offences

IPC Section 493 / BNS Section 81 concerns deceitfully causing a woman to believe that she is lawfully married and to cohabit or have sexual intercourse in that belief. IPC Section 494 / BNS Section 82(1) concerns a subsequent marriage during the lifetime of a spouse where that marriage is void on that ground. IPC Section 495 / BNS Section 82(2) adds concealment of the former marriage from the person with whom the subsequent marriage is contracted.

By contrast, IPC Section 496 / BNS Section 83 specifically concerns going through a marriage ceremony with the requisite dishonest or fraudulent intention while knowing that it does not create a lawful marriage. The offences are distinct, even though some factual situations may overlap.

Application of the old and new laws

The BNS replaced the IPC with effect from 1 July 2024. Section 358 BNS contains repeal and savings provisions. The date of the alleged conduct and the applicable transitional rules are important when deciding whether the charge is framed under the IPC or the BNS. Procedural transition is governed by the relevant provisions of the BNSS, including its savings provision.

Official legislation and references

• National Crime Records Bureau - Bharatiya Nyaya Sanhita, 2023 (Section 83)
• National Crime Records Bureau - BNSS First Schedule
• Bureau of Police Research and Development - BNS text and IPC correspondence
• Bureau of Police Research and Development - BNSS text
• India Code - official central legislation repository

Frequently asked questions

What replaced IPC Section 496?

Section 83 of the Bharatiya Nyaya Sanhita, 2023, is the corresponding provision for the fraudulent marriage ceremony offence.

What is the maximum punishment?

Imprisonment of either description for up to seven years, and a fine.

Does every invalid marriage constitute this offence?

No. The prosecution must establish the statutory elements, including knowledge that the ceremony does not create a lawful marriage and dishonest or fraudulent intention.

Is BNS Section 83 bailable?

It is classified as non-bailable in the BNSS First Schedule. Bail may still be granted according to law.