Under section 82(1) of the Bharatiya Nyaya Sanhita, 2023, which circumstance is an ingredient of the…
The basic offence under section 82(1) concerns a second marriage that is void because it takes place during the life of a spouse from a subsisting marriage. Section 82(2)…
Choose your answer
Under section 82(1) of the Bharatiya Nyaya Sanhita, 2023, which circumstance is an ingredient of the basic offence of marrying again during the lifetime of a spouse, assuming no statutory exception applies?
Answer and explanation
Correct answer A
The basic offence under section 82(1) concerns a second marriage that is void because it takes place during the life of a spouse from a subsisting marriage. Section 82(2) addresses the aggravated case involving concealment of that former marriage.
Option feedback
Option A
Section 82(1) requires a subsisting first marriage and a later marriage that is void on account of the living spouse.
Option B
Concealment of the former marriage is the additional fact specified in section 82(2).
Option C
Section 82(1) does not require an intention to acquire property.
Option D
A competent court’s declaration that the first marriage was void falls within the statutory exception.
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