New Marriage Rules in 2025: What Couples Need to Know About BNS

India’s legal framework underwent a major transformation in 2025 with the introduction of the Bharatiya Nyaya Sanhita (BNS), replacing the colonial-era Indian Penal Code (IPC). For couples—married, about to be married, or even separated—this change has brought significant shifts in how matrimonial offences and marriage-related legalities are interpreted and enforced. Whether it’s dowry, child marriage, or false promises of marriage, the BNS has redefined many aspects of matrimonial law in modern India.

What is BNS (Bharatiya Nyaya Sanhita)?

The Bharatiya Nyaya Sanhita, 2023, which came into effect on July 1, 2025, is a major criminal law reform in India. It replaces the Indian Penal Code (IPC), which was enacted in 1860 during British colonial rule.

BNS is part of a broader legal overhaul, which includes:

• Bharatiya Nagrik Suraksha Sanhita (replacing CrPC)
• Bharatiya Sakshya Adhiniyam (replacing the Indian Evidence Act)

The purpose of BNS is to modernise criminal law, prioritise justice over punishment, and address crimes like cybercrime, mob lynching, and matrimonial offences in a contemporary context.

How BNS is Different from IPC in Terms of Marriage Rules

Let’s examine how BNS treats matrimonial offences differently from the IPC:

New BNS Marriage Rules in 2025: Region-Wise Impact

Although the BNS is a central law, its effects differ based on regional cultures, personal laws influenced by religion, and interpretations by the judiciary.

North India (Delhi, UP, Haryana, Punjab)

• Dowry-related arrests are now subject to preliminary inquiry.
• False promises of marriage, often seen in urban relationships, are now prosecutable under Section 69 BNS.
• Police can’t make immediate arrests in cruelty cases (Section 85) without permission from a magistrate.

South India (Tamil Nadu, Kerala, Karnataka, Andhra Pradesh)

• The enforcement of anti-bigamy provisions should be strengthened, especially in communities that practice second marriages without divorce.
• There has been a heightened emphasis on preventing child marriage in rural areas.

East India (West Bengal, Odisha, Assam, Bihar)

• Tribal and matrilineal traditions are considered in marriage registration processes.
• Provisions of parental consent and age verification are enforced during marriage registration under BNS.

West India (Maharashtra, Gujarat, Rajasthan)

• The BNS has enhanced its scrutiny of financial fraud involving marriage, the use of fake identities, and the disguise of dowry demands as gifts.
• Inter-caste and inter-faith marriages now have more protection under BNS, especially against coercion.

Northeast India

• BNS leaves customary tribal marriage systems untouched unless they result in offences punishable under the code.
• However, child marriage and consent provisions now apply uniformly.

Legal Age for Marriage

Under the Prohibition of Child Marriage Act (which remains in force), the legal age for marriage is:

• 21 years for men
• 18 years for women

The BNS reinforces these age thresholds with stricter checks during marriage registration. Marrying below this age is now linked to criminal liability, especially for the older party and guardians.

If someone attempts to falsify age in official records to marry early, they may be charged with forgery and misrepresentation under the BNS.

Parental Consent

In India, marriage is a civil contract, not a parental agreement. However:

• For couples under 21, parental interference is still significant socially.
• BNS doesn’t mandate parental consent for adult couples but ensures protection from forced marriages under the guise of family pressure.

Also, if parental coercion leads to violence or unlawful confinement of a consenting adult couple, it can invite criminal charges under sections dealing with wrongful restraint, confinement, and criminal intimidation.

Bigamy Strictly Penalized

Bigamy remains a punishable offense under Section 84 of BNS (similar to Section 494 IPC). But here’s what’s changed:

• Faster FIR lodging procedures for the aggrieved spouse.
• If bigamy is committed under a false identity, it invokes additional charges under identity fraud.
• Magistrate-level inquiry before trial ensures misuse of the provision is reduced.

Bigamy in India is criminal only for Hindus, Jains, Buddhists, and Sikhs under the Hindu Marriage Act. Muslims can have multiple wives, but are subject to Sharia principles.

Consent and Marital Offences

Consent is a major theme in BNS 2025. Let’s look at its implications:

• Marital Rape: Still not criminalised, except where the wife is below 18. Civil society continues to demand reform.
• Sex on False Promise of Marriage: Now explicitly an offence under Section 69 of BNS. If a man induces a woman into a sexual relationship through a fraudulent promise of marriage with no intent to fulfil it, it amounts to rape.
• Forced Marriage: BNS penalises coercion and threats used to force someone into marriage.

These reforms aim to balance the protection of women and the misuse of laws, ensuring fair trials and justice.

Promises of Marriage

This is one of the biggest additions in the BNS 2025.

• Under Section 69 BNS, making a false promise of marriage to engage in sexual activity is now legally recognised as rape if consent was obtained fraudulently.
• Courts now examine intention at the time of promise, past relationship history, and actions after the sexual act.

This is significant in:

• Live-in relationships
• Dating apps
• Long-distance engagements where one party flees after physical intimacy

Harmonisation with Personal Laws

India’s marriage system runs on personal laws:

• Hindu Marriage Act
• Muslim Personal Law
• Christian Marriage Act
• Parsi Marriage Act
• Special Marriage Act

BNS does not override these personal laws but works in tandem with them. For example:

• A Hindu man marrying again without a divorce is punishable under the BNS and the Hindu Marriage Act.
• A Muslim man misusing triple talaq (now banned) could be prosecuted under both the Muslim Women (Protection of Rights) Act and relevant BNS sections if cruelty is involved.

BNS focuses on offences, not rituals or customs.

Marriage Registration Process (Now More Important)

In 2025, registration of marriage has become more critical:

• Online portals, biometric verification, and identity checks are mandated in many states.
• Under BNS, forging marriage documents or hiding marital status is a punishable offence.
• Unregistered marriages may be harder to defend legally in court during property disputes, custody battles, or bigamy allegations.

Dowry and Child Marriage

Dowry Prohibition (Section 107 BNS)

• Replaces IPC Section 304B (dowry death).
• The presumption of cruelty or abetment in the case of the unnatural death of a wife within 7 years of marriage remains intact.
• Arrests are now subject to judicial approval, reducing the scope for misuse.

Child Marriage

• BNS supports the strict enforcement of the existing Child Marriage Prohibition Act.
• If a child marriage occurs:
  • The adult male partner and guardians may be prosecuted.
  • Marriage is voidable at the option of the minor on reaching adulthood.

Conclusion: BNS and the Future of Marriages in India

The Bharatiya Nyaya Sanhita, 2025, is a progressive shift from colonial-era codes to modern Indian realities. For couples, it brings clarity and updated protection mechanisms in:

• Bigamy
• False promises of marriage
• Consent in intimate relationships
• Dowry-related violence
• Age and legality of marriage

While personal laws continue to govern rituals and eligibility, BNS governs the crimes that emerge around marriages, making it essential for every couple in India to stay informed.

As India moves forward in gender justice and judicial reforms, the new BNS is a powerful legal tool—but like every law, its impact will depend on implementation, awareness, and fairness in interpretation.

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How Advocate Preeti JD Can Help Couples Navigate BNS

Advocate Preeti JD, a renowned matrimonial and divorce lawyer practising in Delhi and Gurgaon, has been helping couples and individuals through complex legal matters for over a decade. With the introduction of BNS in 2025, legal strategy and awareness have become more important than ever.

Here’s how she helps:

• Advising couples on legality and consent in marriage under BNS
• Filing or defending cases of false promise of marriage, bigamy, or dowry harassment
• Guiding on child marriage implications and age verification disputes
• Providing clarity on personal laws vs BNS overlaps for Hindus, Muslims, Christians, and interfaith couples
• Helping with marriage registration, annulment, and protection petitions
• Handling 498A cruelty cases, whether for the wife or the husband, facing false accusations

She believes in protecting your rights without pushing for unnecessary litigation, always ensuring that legal solutions are fast, practical, and dignified.

Why Preeti JD is the Best Matrimonial Lawyer in Gurgaon and Delhi

Here are some reasons why clients choose Advocate Preeti JD as the top legal expert for marriage and divorce matters:

Deep Expertise in Family and Matrimonial Law

Preeti JD has handled hundreds of cases related to divorce, child custody, dowry, domestic violence, false 498A, and more. With the rollout of BNS, she is one of the first legal experts to help clients realign their cases to the new provisions.

Courtroom Experience in Delhi & Gurgaon

She regularly appears in Family Courts in Saket, Dwarka, Rohini, Tis Hazari, Patiala House, and District & Sessions Courts in Gurgaon, giving her an in-depth understanding of regional practices and judge expectations.

Strong Reputation for Ethics and Results

Whether it’s women seeking protection or men wrongly accused, she provides unbiased legal support focused on justice and evidence, not emotions or assumptions.

Personalised Strategy & Privacy

Each case is unique. She offers 1-on-1 legal counsel, ensures confidentiality, and tailors strategy as per the couple’s background, religion, and goals.

Recognised and Trusted

NRIs, working professionals, homemakers, and business families alike trust Preeti JD. Legal publications, blogs, and seminars related to marriage law reforms often feature her.

📞 Need Legal Help for Marriage, Divorce, or BNS Offences?

Contact Advocate Preeti JD for expert legal advice, court representation, and marriage-related documentation. She will guide you with honesty, empathy, and legal precision—every step of the way.

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