IPC 496 → BNS 83: Fraudulent Marriage

Quick Summary: IPC 496 vs BNS 83

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 496 (Fraudulent Marriage) falls in the IPC's offences relating to marriage, reputation and intimidation — offences relating to marriage, cruelty by a husband or his relatives, defamation, and criminal intimidation or insult. Retained by the BNS as BNS 83, several such offences are non-cognizable or compoundable, which changes how fraudulent marriage is pursued.

What did IPC 496 cover?

IPC 496 dealt with fraudulent marriage — marriage ceremony fraudulently gone through without lawful marriage. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 83: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to fraudulent marriage are filed under BNS Section 83, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 83

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For fraudulent marriage, check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 83, not IPC 496.
• Police officers: Confirm whether the fraudulent marriage offence is cognizable before acting, and cite BNS 83 where an FIR is registered.
• Law students & citizens: Some offences in this group, including fraudulent marriage, can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.