LIJDLR

OFFENCES RELATING TO MARRIAGE IN INDIA: A DOCTRINAL AND SOCIO-LEGAL ANALYSIS OF STATUTORY FRAMEWORK AND JUDICIAL TRENDS

Ishita Singh, BA.LL.B (hons)/5th year/10th semester Student at Amity University Lucknow Campus (India)

This study examines the doctrinal and socio-legal framework governing offences relating to marriage in India, with particular focus on the statutory consolidation introduced by the Bharatiya Nyaya Sanhita, 2023 and its interaction with procedural and evidentiary regimes. Marriage is analysed not merely as a personal or cultural institution but as a legally regulated status that generates enforceable rights and corresponding vulnerabilities. The paper maps the statutory architecture covering deception-based relationships, bigamy, fraudulent ceremonies, cruelty, and inducement offences, and situates them within a broader enforcement matrix shaped by the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023. It argues that matrimonial offences function as a composite regulatory domain rather than isolated penal provisions, requiring courts to engage simultaneously with questions of civil marital status, criminal intent, and evidentiary reliability. Judicial precedents reveal a calibrated interpretive approach that balances victim protection with safeguards against misuse, particularly through strict proof requirements and intention-based tests. The analysis concludes that effective enforcement depends on integrated statutory reading, digital-evidence competence, and procedural proportionality, and recommends doctrinal clarification and investigative reforms to strengthen justice delivery in marriage-linked offences.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 910–931.
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