498 vs 84
The transition of laws against enticing married women from IPC 498 to BNS 84.
What Changed?
Direct renumbering from IPC 498 to BNS 84.
Maintained identical definition and intent requirements.
Retained despite the decriminalisation of Adultery (IPC 497).
Verdict
"Continued legal protection against criminal interference in marital relationships."
Detailed Analysis
498
Section Data Pending
84
Section Data Pending
Legal Implications
Practical Scenarios
"Inducing a married woman to leave her home with false promises for illicit intercourse (BNS 84)."
"Assisting a married woman in hiding from her husband with the intent of sexual exploitation (BNS 84)."
Expert Q&A
Is enticing a married woman still a crime in BNS?
Yes, under Section 84 of the BNS, providing there is criminal intent for illicit intercourse.
Why was Section 498 retained in BNS 84 even after adultery (Section 497) was struck down?
Section 498/BNS 84 deals with 'taking or enticing away' a married woman — an active removal with criminal intent. This is distinct from the consensual act of adultery (Section 497) which was struck down. BNS 84 addresses criminal conduct of enticement, not the consensual sexual relationship.
What is the difference between Section 498 and Section 366 (kidnapping to compel marriage)?
Section 498/BNS 84 covers enticing a married woman for illicit intercourse. Section 366/BNS 141 covers kidnapping or abducting any woman to compel marriage or illicit intercourse — regardless of current marital status.
Is Section 498 (enticing married woman) cognizable?
No — Section 498 is Non-Cognizable (police need Magistrate's warrant), Bailable, with maximum 2 years. The non-cognizable status reflects the need for judicial oversight in private marital disputes.
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