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Section 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 495The Bharatiya Nyaya Sanhita, 2023 Section 82

Indian Penal Code, 1860

Section 495

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

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Indian Penal Code, 1860

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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The Bharatiya Nyaya Sanhita, 2023

Section 82

Marrying again during lifetime of husband or wife

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The Bharatiya Nyaya Sanhita, 2023

82. Marrying again during lifetime of husband or wife.

(1) Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception.-This sub-section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

(2) Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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82(2)