Section 84

Section 84 retains a provision that has survived the decriminalisation of adultery (IPC 497 was struck down by the Supreme Court in Joseph Shine v. Union of India, 2018). Unlike adultery — which treated consensual extra-marital sex as a crime — BNS 84 specifically targets the act of taking away or enticing a married woman without her genuine free consent, using deceit, inducements, or coercion. The distinction is critical: a woman who freely chooses to leave her husband for another relationship commits no offence (adultery is decriminalised). But someone who lures her away through false promises, monetary enticements, or coercive tactics for the purpose of illicit intercourse commits an offence. The provision is controversial because critics argue it still treats married women as property of their husbands and removes their agency. The section survived the adultery decriminalisation specifically because it focuses on the act of 'taking or enticing' — the conduct of the third party — rather than the consensual conduct of the woman herself. In practice, the section is rarely invoked in isolation and is typically combined with other offences.