Introduction 

• Marriage is a social sanction of union between the two individuals. 
• With this union certain rights and obligations arise between the two peoples. 
• Offences relating to marriage is covered under Chapter V of the Bharatiya Nyaya Sanhita 2023 (BNS) which states the provisions related to offences against women. 

Offences Relating to Marriage 

Dowry Death: 

• Section 80 of BNS states the provisions for dowry death as: 
  • Death caused:  
    • By burns. 
    • By bodily injury. 
    • Or occurs otherwise than under normal circumstances. 
  • Time of death:  
    • Death occurred within seven years of marriage.  
  • It should be shown:  
    • Soon before her death. 
    • She was subjected to cruelty or harassment by her husband or any relative of her husband. 
    • For or in connection with any demand for dowry. 
  • Such death:  
    • Shall be deemed to have been caused by such husband or relative of her husband. 
  • Punishment: 
    • Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life.

Cohabitation Caused by Man Deceitfully Inducing Belief of Lawful Marriage: 

• Section 81 of BNS covers Cohabitation caused by man deceitfully inducing belief of lawful marriage 
  • Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 

Marrying Again During Lifetime of Husband or Wife: 

• This provision is covered under Section 82 of BNS which states that: 
  • Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. It’s a non-cognizable bailable offence. 
  • Whoever commits the offence having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage: 

• This is covered under Section 83 of 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.

Enticing or Taking Away or Detaining with Criminal Intent a Married Woman: 

• This is covered under Section 84 of BNS 
  • Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Husband or Relative of Husband of a Woman Subjecting Her to Cruelty: 

• This is covered under Section 85 of BNS 
  • Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Kidnapping, Abducting or Inducing Woman to Compel Her Marriage, Etc: 

• This section is covered under Section 87 of BNS 
  • It is stated that Kidnapping, abducting or inducing woman to compel her marriage, etc. with an intent to: 
    • Compel her to marry against her will. 
    • Force or seduce her to illicit intercourse 
    • Shall be punished with imprisonment (simple or rigorous) upto 10 years and fine.

Landmark Judgements

• In Prakash v. State of Haryana (2004), Supreme Court observed that under Sec 361 of IPC the consent of the minor who is taken or enticed is wholly immaterial. It is only the guardian's consent which takes the case out of its purview. Also, it is not necessary that taking or enticing must be by force or fraud. Persuasion by accused creating willingness on part of minor is sufficient to attract this section.
• In State of Haryana v. Raja Ram (1974), the Supreme Court upheld the conviction of the accused under section 361 of IPC and clarified that taking or enticing a person out of their lawful guardianship amounts to kidnapping. The Hon’ble Court also established that the consent must be free and voluntary and any coercion or force used to obtain such consent would invalidate it.
• In S. Varadarajan v. State of Madras (1965), the Supreme Court noted that ‘taking’ and ‘allowing’ a minor to accompany a person should not be regarded as the same thing. 
• In the case of Arun Vyas v. Anita Vyas, (1999), the Supreme Court held that the essence of the offence in Section 498-A is cruelty. It is a continuing offence and on each occasion on which the woman was subjected to cruelty, she would have a new starting point of limitation. 
• In the case of Manju Ram Kalita v. State of Assam (2009), the Supreme Court held that for holding an accused guilty under Section 498A of IPC, it has to be established that the woman has been subjected to cruelty continuously/persistently or at least in close proximity of time to the lodging of the complaint and petty quarrels cannot be termed as cruelty to attract the provisions of Section 498A of IPC.

Conclusion

The BNS has introduced the concept of offences against marriage. These are very casual and multi-dimensional in nature. For creating a fair and effective legal system the concerns of matrimonial ties have to be addressed.