Under the Bharatiya Nyaya Sanhita, 2023, 'A', who is lawfully married to 'C' and lives with her,…

Section 82(1) BNS punishes whoever, having a husband or wife living, marries in any case in which the marriage is void because it takes place during the life of that husband or wife, with imprisonment of either description up to seven years and fine (formerly s.494 IPC). If the former marriage is concealed from the person with whom the subsequent marriage is contracted, section 82(2) raises the maximum to ten years. The exception for a spouse who has been continually absent and not heard of for seven years cannot apply, since A lives with C.

Section 81 requires deceit causing a woman to believe that she is lawfully married, which is absent because B knew of the earlier marriage. Adultery is not an offence under the BNS, and nothing in the facts makes out rape.