Side-by-Side Comparison

497 vs None

The landmark removal of Adultery as a criminal offence in India, following the Supreme Court's Joseph Shine judgment (2018). The BNS has no equivalent to IPC 497.

What Changed?

IPC 497 criminalised the man in an adulterous relationship (treating the woman as property of her husband).

The BNS has NO equivalent to Section 497.

Adultery is now completely decriminalised in India.

Civil remedy (divorce) under personal laws remains available.

Verdict

"Full shift from criminal liability to civil remedy (divorce) for adultery, promoting gender equality."

Detailed Analysis

OLD LAW (IPC)

497

Act of 1860

Section Data Pending

Details for this section are being updated.

PunishmentN/A

REFORM

NEW LAW (BNS)

None

Act of 2024

Section Removed

This section has been removed or de-criminalised in the Bharatiya Nyaya Sanhita 2024.

PunishmentN/A

1860

497 Origin

2024

None Reform

Legal Implications

In a historic move for personal liberty and gender equality, the Supreme Court in Joseph Shine v. Union of India (2018) struck down Section 497 of the IPC as unconstitutional — holding that the husband is not the master of the wife and that criminalising a private consensual act between adults was a violation of dignity and equality. The BNS has entirely omitted this section.

Practical Scenarios

"Consensual sexual intercourse between a married person and someone other than their spouse (No longer a crime)."

"Using adultery as a ground for seeking divorce in a family court (Civil Remedy remains)."

Expert Q&A

Can I still be arrested for adultery?

No. It is no longer a criminal offence. You cannot be arrested, jailed, or fined by a criminal court for adultery.

Is adultery still a ground for divorce?

Yes. While it is not a crime, it remains a valid civil ground for divorce under the Hindu Marriage Act, Special Marriage Act, and other personal laws.

What did the Supreme Court say in Joseph Shine (2018) about Section 497?

The five-judge bench unanimously held: (1) Section 497 treated the husband as master of the wife, violating her dignity. (2) It discriminated on the basis of sex — only men were prosecuted. (3) Women's sexual autonomy is a fundamental right under Article 21. (4) Marriage does not reduce a woman to her husband's property. The entire Section 497 was declared unconstitutional.

Is adultery still relevant in Indian civil law?

Yes — adultery remains a valid ground for divorce under the Hindu Marriage Act, Indian Divorce Act, and Special Marriage Act. It can also be relevant in matrimonial proceedings for conduct and alimony determination. It is purely a civil matter, no longer a crime.

Why did the BNS not include any equivalent to Section 497?

Because Joseph Shine (2018) had already ruled Section 497 unconstitutional. Including an adultery provision in the BNS would have been immediately struck down. The BNS's omission is a direct legislative acknowledgment of the Supreme Court's ruling.

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