Which one of the following Sections of the Bharatiya Nyaya Sanhita, 2023 is expressly referred to in…

The proviso to section 44 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly the proviso to section 50 of the Indian Evidence Act, 1872) says that relationship opinion alone is not sufficient to prove a marriage in proceedings under the Divorce Act, 1869 or in prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023 (bigamy, and enticing, taking away or detaining with criminal intent a married woman). Of the options, section 82 is expressly listed; sections 74 and 75 (assault or criminal force to a woman with intent to outrage her modesty, and sexual harassment) and section 85 (cruelty by husband or relative of husband) are not. This is a sufficiency restriction for proving marriage, not a blanket exclusion of every piece of relationship evidence.

The old proviso also listed adultery, which was struck down in Joseph Shine v. Union of India (2018) and has no counterpart in the Bharatiya Nyaya Sanhita, 2023.