Key Takeaways:
- IPC Section 494 is now BNS Section 82. Bigamy remains a criminal offence with up to 7 years in prison.
- The legal marriage age in India stayed unchanged in 2026. Girls must be 18, and boys must be 21, to marry legally.
- Court marriage documents and the 30-day notice period remain the same. BNS only changed the criminal consequences of registration fraud.
- Section 69 BNS makes false promises of marriage a criminal offence. The intent at the time of the promise is what courts examine.
- Section 85 BNS replaced 498A IPC on cruelty. Police now need a magistrate’s inquiry before arresting anyone in cruelty cases.
What is BNS and How It Changed Marriage Laws in India
The Bharatiya Nyaya Sanhita (BNS), 2023, replaced the Indian Penal Code (IPC) on July 1, 2024. For couples in India, this is the most significant shift in criminal law in over 160 years. The BNS does not replace personal laws like the Hindu Marriage Act or the Special Marriage Act. What it does is update the criminal side of marriage-related offences, the sections that deal with bigamy, false promises, cruelty, and dowry.
If you have been searching for the new marriage law in India, the new marriage act in India 2025, or what changed under BNS for married couples, this guide covers all of it in plain language.
Legal Age for Marriage in India Under BNS 2026
The legal age for marriage in India has not changed under BNS. The Prohibition of Child Marriage Act, 2006, still governs the minimum age, and BNS reinforces it with stricter criminal consequences.
| Who | Minimum Age | Governing Law |
| Girl (woman) | 18 years | Prohibition of Child Marriage Act, 2006 |
| Boy (man) | 21 years | Prohibition of Child Marriage Act, 2006 |
If anyone attempts to forge an age certificate or misrepresents their age in marriage registration documents, they can be charged with forgery and fraud under BNS in addition to child marriage offences.
IPC Section 494 to BNS: Bigamy and Marriage Offences
When IPC was replaced by BNS, all section numbers changed. Here is a clear mapping of the offences that most affect married couples.
| Offence | IPC Section (Before July 2024) | BNS Section (From July 2024) |
| Bigamy (marrying again while a spouse is alive) | 494 | 82 |
| Bigamy with concealment | 495 | 83 |
| Cruelty by husband or relatives | 498A | 85 |
| Dowry death | 304B | 107 |
| False promise of marriage (sex under pretext) | No clear section | 69 |
| Offences relating to marriage (general chapter) | Chapter XX | Chapter V (Sections 80 to 88) |
Court Marriage New Rules 2026: What Has Actually Changed
Court marriage in India is governed by the Special Marriage Act, 1954. That Act has not been replaced or amended by BNS. However, BNS has changed certain procedural protections that apply during and after court marriages, particularly around objection periods and criminal liability.
Here is what is new or reinforced in 2025 for court marriages:
Notice period still applies: Both parties must give 30 days’ written notice to the marriage officer. During this period, objections can be raised. BNS has not shortened this window.
Forging marriage documents is now explicitly criminal: Under BNS, presenting false identity documents, hiding a prior marriage, or submitting fabricated age proof during court marriage registration invites criminal fraud charges alongside the civil consequences under the Special Marriage Act.
Police cannot immediately arrest in cruelty cases arising from marriage: Under the old Section 498A IPC, police could arrest without prior magistrate approval. Under Section 85 BNS, a preliminary inquiry is now required before arrest in most cruelty cases. This applies to disputes arising from court marriages and registered marriages alike.
Documents typically required for a court marriage in India:
- Application form (from the Marriage Officer’s office)
- Proof of age (birth certificate, school leaving certificate, or passport)
- Proof of address for both parties (Aadhaar, voter ID, passport)
- Passport-size photographs
- Two witnesses with a valid ID
- Affidavit of single status (unmarried, divorced, or widowed)
- Divorce decree or death certificate if previously married
Love Marriage Rules in India 2026: Legal Protections Under BNS
Love marriages, including inter-caste and inter-faith marriages, are fully legal in India. No law prohibits them. What BNS has strengthened is the criminal protection available to couples who face opposition or threats.
If parents, relatives, or community members threaten, confine, or coerce a consenting adult couple, the following BNS sections apply:
- Wrongful restraint and confinement: Sections 125 and 126 BNS
- Criminal intimidation: Section 351 BNS
- Hurt and grievous hurt: Sections 115 to 117 BNS
Under the Special Marriage Act, even couples from different religions can marry without converting. The 30-day public notice requirement has been challenged in several High Courts for exposing couples to harassment, but it remains in force unless waived by a specific court order.
One important development under BNS 2026: if a man induces a woman into a physical relationship with a fraudulent promise of marriage, having no real intention of marrying her, this now falls under Section 69 BNS and can attract rape charges. Courts look at the intent at the time the promise was made, the conduct of the accused after the act, and whether the relationship failure was genuine or planned from the start.
Bigamy Under BNS: Section 82 Explained
Bigamy means marrying a second time while your first spouse is still alive and the first marriage has not been legally dissolved. Under Section 82 of BNS (previously Section 494 IPC), this is a criminal offence punishable with imprisonment up to 7 years and a fine.
Key points about bigamy under BNS
Bigamy applies to Hindus, Sikhs, Jains, and Buddhists under their personal laws. Muslims can have up to four wives under personal law, though this is subject to ongoing legal debate and conditions. Christians and Parsis are also covered by their respective marriage acts, which prohibit bigamy.
If bigamy is committed by concealing the first marriage entirely, Section 83 BNS (previously Section 495 IPC) applies. The punishment here is severe, up to 10 years.
The Hindu Marriage Act (बीएनएस 2023 हिंदू विवाह अधिनियम) itself has not been replaced. BNS only covers criminal offences. The Hindu Marriage Act still governs who can marry, divorce conditions, maintenance, and custody.
Section 85 BNS: Cruelty to Wife (Old 498A)
Section 85 BNS replaces Section 498A IPC for cruelty by a husband or his relatives. The offence is the same: subjecting a wife to cruelty, whether physical, mental, or through dowry demands. The punishment is up to 3 years imprisonment and a fine.
What changed procedurally: police must now conduct a preliminary inquiry before making an arrest in Section 85 cases, reducing the scope for misuse by either side.
For rights of married women (शादीशुदा महिला के अधिकार 2026): Section 85 BNS, the Protection of Women from Domestic Violence Act, and the Dowry Prohibition Act continue to protect wives. BNS adds procedural safeguards but does not weaken the substantive rights.
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.
FAQs
What is the new section for IPC 494 in BNS?
IPC Section 494 (bigamy) is now Section 82 of BNS. The punishment remains the same: up to 7 years imprisonment and a fine. If the second marriage was conducted by hiding the first, Section 83 BNS applies with up to 10 years.
What is the legal age for marriage in India in 2025 for boys and girls?
The minimum age remains 18 years for girls and 21 years for boys under the Prohibition of Child Marriage Act, 2006. BNS reinforces this through stricter criminal liability for anyone who facilitates or conducts a child marriage.
What are the new court marriage rules in 2025?
The Special Marriage Act, 1954, still governs court marriage. The 30-day notice requirement continues. BNS has not changed the court marriage process itself, but it has criminalised document forgery during registration and changed arrest procedures for post-marriage cruelty cases.
What documents are needed for a court marriage in India?
You need age proof, address proof, passport photographs, a single-status affidavit, and two witnesses with valid ID for both parties. If previously married, a divorce decree or spouse’s death certificate is also required.
Can a boy and a girl from different religions do a love marriage in India?
Yes. The Special Marriage Act, 1954, allows interfaith marriages without either party converting. BNS further strengthens criminal protection against families or others who threaten or confine adult couples.
What is Section 69 BNS, and how does it affect couples?
Section 69 BNS makes it a criminal offence to have a physical relationship with someone under a false promise of marriage with no real intention of marrying them. Courts examine intent at the time the promise was made. A genuine relationship that did not work out is not automatically covered.
Is 498A still applicable, or has it been replaced?
Section 498A IPC has been replaced by Section 85 BNS. The offence, cruelty to a wife by her husband or relatives, and the 3-year punishment remain the same. The main change is that police now need to conduct a preliminary inquiry before making an arrest.
What is the new marriage law for love marriages in India in 2026?
There is no separate law for love marriages. The Special Marriage Act covers inter-caste and inter-faith marriages. BNS protects couples from threats and coercion. The age requirement of 18 for girls and 21 for boys applies regardless of the type of marriage.
What happened to IPC Section 495 in BNS?
IPC Section 495, which dealt with bigamy where the second spouse was kept unaware of the first marriage, is now Section 83 of BNS. The punishment under Section 83 can go up to 10 years imprisonment, higher than the 7 years under Section 82 for standard bigamy.
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