For a long time, marriage is presumed to be one of the sacrosanct practices in Indian civil society. If we observe it, from the religious lens, the definition of sacrosanct varies in different religions yet, taking consideration of all variations, marriage as a practice stands as a sacrosanct activity which is being commemorated as a festival in Indian families. The very reason behind the idea of sacrosanct is, by the virtue of marriage two different families come together, marriage is a means to achieve religious duty prescribed in different religions stipulated in their religious texts, marriage as an institution through which one can sustain their ancestral lineage. In accordance with Indian penal laws; 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. So, if we see it, in pursuant with section 82 of BNS, 2023, we can culminate that whoever, irrespective of gender male or female marries another male or female during their living spouse are punishable with respect to section 82 of BNS, 2023. The stipulated section of 82 of BNS, 2023, is a law which safeguards the marriage as an institution via safeguarding the rights of spouses while partially curtailing their fundamental rights. The aforesaid section has achieved its objective of safeguarding the marriage as an institution in Indian civil society but here, comes a pertinent contention that in accordance with Indian laws, if someone is marrying during the lifetime of their spouse, it is punishable but if someone is having extra marital affairs during the lifetime of their spouse, it’s not punishable in any Indian laws and it’s merely a ground for divorce. So, taking account of the situations here, we can surely conclude that having another is marriage during the living spouse is not allowed, howsoever having extra marital affair during the living spouse is allowed (for the reason being that, it does not attract any penal offences). Section 82 of BNS, 2023 is surely serving its objectives but our Parliament has ignored the very basic verge of extra marital affairs which only be taken as a ground for divorce, shouldn’t be needed it to be an offence which not only ruins the feeling of spouse, it defames the family’s name in the society, it considered as a taboo in the society, it can lead to ruin the future of two families, it can compromise the prosperous future of children etc. There are number of contentions which can be drawn from extra marital affairs., and in India up till now, there is absence of any laws which regulates the extra marital affairs. When dowry became problem, Parliament legislated a law to regulate and penalise it, when domestic violence became problem, Parliament legislated a law to regulate and penalise it, when sexual offences against women at workplace became problem, Parliament legislated a law to regulate and penalise it then now, it’s time for legislation of a law to regulate the matters of extra marital affairs in the society., it doesn’t infringe the personal liberty of any individual but mere a tool that penalise the evil practice of extra marital affairs which tends to destroy the marriage as an sacrosanct institution.