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What are the Marriage-Related Offences: A Critical Analysis of BNS 2023

ayush chandra
ChatGPT Image Jun 23, 2025, 12_27_26 PM
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Victoriya, Author

Victoriya is a third-year BA LLB student at Government Law College, Vellore, affiliated with Tamil Nadu Dr. Ambedkar Law University, Chennai.  Read More

Abstract:

Our India’s criminal justice system faced major reforms by introducing the BNS which replaced and repealed the IPC. Among its many changes, the BNS has revised various provisions related to marriage-related offences, aiming to modernize the law and make it more relevant to present-day societal norms. This paper focuses on the key reforms under BNS concerning offences such as bigamy, fraudulent marriage, concealment of a previous marriage, and deceit in matrimonial relationships.

The BNS redefines and reclassifies offences that were previously covered under IPC Sections 493 to 498, with updated language, streamlined definitions, and revised punishments. A major highlight is the emphasis on a victim-centric approach, particularly in cases where a woman is deceived into believing she is legally married. The law now seeks to close interpretational gaps that previously existed, ensuring that such offences are prosecuted more effectively and fairly.

The paper also critically analyzes how these changes align with evolving societal expectations and judicial interpretations. While the reforms are progressive in many respects, concerns remain regarding their scope and whether they adequately protect all individuals, including in non-traditional or marginalized relationships.

This paper assesses the effectiveness of the reforms introduced by the BNS in matrimonial justice, comparing IPC provisions and analysing landmark court decisions. It also discusses the challenges in implementation, particularly in rural and less-aware populations.

Keywords: Judicial Reform, Dowry death, Cruelty, Abduction, Bigamy, Cohabitation

Introduction

Every country frames its own set of criminal and marriage laws to regulate society and ensure justice. However, crimes do not always originate from strangers or public spaces, they often take root within the confines of our own homes. One of the major contributors to criminal tendencies has been linked to poor or negligent parenting. Over the years, it has become increasingly evident that domestic environments play a vital role in shaping the behavior of individuals, and unfortunately, many crimes today are born out of familial conflicts and close relations.
Among the various offenses that arise from within families, marriage-related crimes have been particularly alarming. Historically, married women have faced immense struggles, most commonly due to dowry demands. Dowry, a deeply rooted social evil in Indian society, has been a cause of distress, violence, and even death among married women since the middle ages. This practice, despite several reforms and social awareness efforts, continues to threaten the safety and dignity of women. As a result, India codified strict laws under Sections 498A and 304B of the Indian Penal Code (IPC) to deal with cruelty by husbands or their relatives and dowry deaths, respectively.
But, the new criminal laws are making numerous controversies. Over time, allegations of misuse of these provisions emerged. Critics argued that while the laws were well-intentioned, they were sometimes exploited by either party in a marriage, leading to false accusations, unfair trials, and a lack of trust in the justice system. Moreover, the procedural complexities and the broad interpretations of these laws often led to irregularities in implementation.

In response to these challenges and to modernize the legal system, the Indian Government introduced a comprehensive reform. With the introduction of the BNS in July 2024, the IPC was replaced, signalling a significant transformation in India’s legal framework. This new code aims to address the flaws in the previous legal framework by ensuring clarity, fairness, and efficiency in the prosecution of crimes, including those related to marriage.

This article seeks to explore the historical background of marriage-related offenses in India and critically examine the legal provisions under both the IPC and the BNS. Through a comparative analysis, it aims to highlight the evolution of legal responses to dowry-related crimes and evaluate the effectiveness of recent reforms in delivering justice.

Background: Marriage-related Offenses in India:

During the British colonial period, marriage-related offences in India were governed mainly by traditional religious laws, such as Hindu and Muslim personal laws. These laws were rooted in patriarchal customs and often failed to provide adequate protection to women in cases of abuse, exploitation, or coercion within marriage. Legal remedies for women were limited and largely influenced by religious doctrine, with little state intervention.

After gaining independence in 1947, India recognized the urgent need to reform its legal system to ensure greater protection for women and uphold constitutional principles of equality and justice. A significant milestone in legal reform was achieved with the enactment of the Hindu Marriage Act 1955 which codified marriage laws of Hindus. This Act introduced age restrictions, provisions for divorce, and grounds for annulment, thereby giving women more legal rights within marriage.

The Dowry Prohibition Act 1961 was enacted to tackle the increasing problem of dowry related crimes, making it an offense to give or receive dowry. While enforcement remained a challenge, the law represented a significant step toward recognizing and addressing women’s suffering in matrimonial settings.

The 1970s marked a turning point in India’s women’s rights movement. Feminist activism grew stronger, demanding legal reforms and gender equality. This period led to increased public awareness and laid the foundation for further changes in family and criminal law, focusing more on women’s safety and empowerment within marriage[1].

The 1970s onward witnessed a growing wave of activism in India against domestic violence and dowry harassment. Women’s rights groups, legal activists, and civil society organizations raised awareness about the increasing cases of abuse faced by women within marriage. This activism played a key role in pushing for legislative reforms aimed at protecting women and empowering them to seek justice.

In the early 2000s, the Indian government responded with significant legal measures. One major development was the enactment of the Protection of Women from Domestic Violence Act, 2005. This Act provided a comprehensive legal framework to address various forms of domestic violence, including physical, emotional, verbal, sexual, and economic abuse. It empowered women to seek protection orders, residence rights, and maintenance, even without filing for divorce or separation.

Additionally, amendments to the Indian Penal Code (IPC) strengthened legal protections against marriage-related offences. Section 498A, introduced earlier, criminalized cruelty by a husband or his relatives, particularly in connection with dowry demands. In 2013, Section 304B was emphasized further, dealing with dowry deaths—defined as the death of a woman under suspicious circumstances within seven years of marriage, following harassment for dowry.

These provisions marked a shift in India’s legal approach toward matrimonial offences, prioritizing victim protection and accountability. The combined effect of legal reforms and sustained activism significantly influenced public discourse and policy, contributing to greater awareness and stronger legal recourse for women facing abuse in marriage[2].

Over time, these provisions have undergone many controversies around their nature, applicability and neutrality. The Indian Government made better legislation to overcome all legal irregularities in the nation. So, they passed the Bharatiya Nyaya Sanhita bill in 2023 and enforced it in 2024 July[3].

Reforms in BNS 2023 on Marriage-related Offenses:

The Bharatiya Nyaya Sanhita was made with the clear vision of speedy trial for certain cases like POCSO, Mahila and Domestic Violence. Firstly, the BNS defined marriage-related offenses and their elements clearly. To make the legal proceedings more understandable. The following sections of the BNS defined the offenses and their punishments respectively:

Section 80: Within the seven years of marriage, if a married woman dies due to burns, bodily injuries or suspicious circumstances that death will be considered as “Dowry Death”. Elements of Dowry Death:

Punishment: Seven years of imprisonment may extend to life imprisonment[4].

The Supreme Court said that the demand for dowry made before the marriage can be convicted under dowry harassment[5].

Section 81: A man who makes a woman believe she is lawfully married to him or induces or has sexual intercourse with her in a manner of deceit, it is an offense. Elements of Cohabitation:

Punishment: Imprisonment for up to 10 years with a fine[6].

The Supreme Court of India ruled a person who cohabits with a woman without a valid marriage can be convicted under Cohabitation[7].

Section 82: If a person marries another person during the lifetime of his/her spouse, it is an offense called “Biagamy”.

Elements:

Punishment: Seven years of imprisonment with a fine[8].

Section 84: Abduction or taking away a married woman to have illegal sexual intercourse.

Elements:

Punishment: Two years of imprisonment or a fine or both[9].

Section 85: If a married woman suffered from the willful conduct of her Husband or Husband’s relatives which results in injuries to her is defined as Cruelty. Elements:

Punishment: A fine and 3 years of imprisonment (extendable)[10].

The Supreme Court held that the willful conduct of a husband and his relatives with his wife can be convicted under domestic violence[11].

Critical Analysis on BNS Provisions

The new and improved Bharatiya Nyaya Sanhita has lots of reforms in various legal concepts which faced many controversies and difficulties in the justice administration. Especially issues regarding marriage-related are getting serious day by day before the enforcement of the BNS. The Bharatiya Nyaya Sanhita reformed the marriage-related issues by the following aspects:

Conclusion:

Family is the fundamental structure of every society, and in Indian culture, it holds significant importance as the starting point of societal life. It is within the family that individuals are first introduced to societal values, relationships, and responsibilities. However, today, the traditional family structure faces numerous challenges, primarily due to shifts in culture and rapid technological advancements. These changes are impacting the integrity of the family unit, which remains the cornerstone of societal development.

The governing bodies that manage such an essential aspect of society must be clear, firm, and efficient. A well-structured legal framework is crucial to building a stable and resilient nation. The Indian Government has enacted various laws, including the introduction of the Bharatiya Nyaya Sanhita (BNS), to ensure gender neutrality across legal proceedings, complementing two other major criminal laws. These efforts aim to promote fairness and equal justice for all, especially in cases related to marriage.

However, the implementation of BNS faces several challenges. Additionally, societal stigma, economic dependency of women, and a lack of support systems such as shelters or counseling services for victims further complicate the situation. Another significant challenge is the underreporting of offences due to fear of social backlash, victim-blaming, or distrust in the legal system.These include a

Despite these hurdles, the Bharatiya Nyaya Sanhita has brought about important reforms in the handling of marriage-related offences. If the Indian Government works in cooperation with State Governments, following a model of cooperative federalism, and takes strong action to address these challenges, it can create a much safer, more equitable environment for women. This collective effort can ensure a stronger legal system and promote the overall safety and security of women in India.

Work Together!!! Build Together!!!

Make a Safer Nation for Women!!!

References:

https://devgan.in/bns/section/80/

https://voiceformenindia.com/ipc-to-bns-new-sections-numbering-for-matrimonial-or-marriage-related-offenses/

[1] Flavia Agnes, Women and Law in India (Oxford University Press, 2018) p. 150 – 200

[2] Ratanlal & Dhirajlal, The Indian Penal Code (LexisNexis, 2020) p. 500 – 550

[3] Paras Diwan, Family Law (Universal Law Publishing, 2020) p. 250 – 300.

[4] K. D. Gaur, The Bharatiya Nyaya Sanhita (LexisNexis, 2023) p. 567 – 570

[5] Kans Raj vs. State of Punjab [2000] 5 SCC 207

[6] S. C. Srivastava, The Bharatiya Nyaya Sanhita (Central Law Publications, 2023) p. 385 – 388

[7] Rameshchandra Daga vs. Rameshwari Daga [2005] 2 SCC 33

[8] Raman Devgan, BNS § 82 (Devgan, 2024)  https://devgan.in/  accessed 08 January 2025

[9] Paras Diwan, Family Law (Universal Law Publishing, 2023) p. 732 – 735

[10] Team VFMI, IPC to BNS: New Sections and Numbering for Marriage related offenses, (VoiceforMenIndia, 2024) https://voiceformenindia.com/ipc-to-bns-new-sections-numbering-for-matrimonial-or-marriage-related-offenses/ 08/02/2025

[11] Gaurav Suneja vs. State (NCT of Delhi) [2019] 10 SCC 705

[12] Vijay Kumar, Critical Analysis of the Bharatiya Nyaya Sanhita (LexisNexis, 2023) p. 150 -170


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