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Is Adultery a Criminal Offense in India Under the New Criminal Law?

With the introduction of the Bharatiya Nyaya Sanhita, 2023, many are confused about whether adultery is still a criminal offense in India.

🔍 What is Adultery?
Adultery was previously defined under Section 497 of the Indian Penal Code (IPC) as a man engaging in a physical relationship with a married woman without her husband's consent. This law was based on outdated Victorian morality and the notion that a wife was her husband’s property.

In 2018, the Supreme Court of India struck down Section 497 IPC in the landmark case of Joseph Shine v. Union of India, decriminalizing adultery and ruling it unconstitutional. However, with the new criminal laws replacing IPC, many have speculated whether adultery has been reintroduced as a punishable offense.

❌ Is Adultery a Crime Under Bharatiya Nyaya Sanhita (BNS), 2023?
Many legal discussions have misinterpreted Section 84 of BNS, claiming it revives the old law. However, this is incorrect! Section 84 is derived from the old IPC Section 498, which penalized inducing a married woman into an illicit relationship through coercion or manipulation.

🔹 Key Takeaways:
✔ Consensual extramarital relationships are NOT a criminal offense in India.
✔ Adultery is still a ground for divorce but not a punishable crime.
✔ Armed forces personnel are an exception—under military laws like the Army Act, Navy Act, and Air Force Act, adultery can lead to disciplinary action and even court-martial.
✔ Section 84 of BNS penalizes coercion, enticement, or manipulation leading to extramarital affairs, not adultery itself.

⚖ Legal Precedents & Practical Implications
Various court judgments highlight that a husband can file a case under Section 84 BNS if he can prove coercion or manipulation in his wife's extramarital affair. However, mutual consent is not punishable.

🚨 Is one-time infidelity enough for divorce? The answer may surprise you! Watch till the end for detailed insights.

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