Explain the legal problems of artificial insemination and give me the new bns sections for the ipc sections mentioned
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IPC Section 497 BNS equivalent Bharatiya Nyaya Sanhita adultery
Here is the full explanation with BNS mappings:
Legal Problems of Artificial Insemination
The text is from a Forensic Medicine textbook (Chapter 15 - Impotence and Sterility). There is no statutory law in India specifically governing artificial insemination. The legal issues discussed relate primarily to A.I.D. (Artificial Insemination by Donor), as A.I.H. (by husband) is largely uncontroversial. Below are all six legal problems with the corresponding BNS update:
1. Adultery
IPC Section 497 - The donor and recipient cannot be held guilty of adultery under this section because it required sexual intercourse as a necessary element. The act was already decriminalized (Joseph Shine v. Union of India, 2018). A.I.D. can still be a civil ground for divorce.
BNS Equivalent: DELETED - No equivalent section in BNS 2023. The Supreme Court struck down S. 497 IPC in 2018 as unconstitutional (violating Articles 14, 15, and 21). The BNS formally removed it entirely. Adultery remains only a civil ground for divorce under personal laws, not a criminal offence.
2. Legitimacy
The husband is not the biological father in A.I.D., so the child is illegitimate and cannot inherit property. No specific IPC section was cited here - this is governed by civil/personal law (Hindu Succession Act, Indian Succession Act, etc.), which remain unchanged under BNS.
3. Nullity of Marriage and Divorce
- Mere A.I. is not a ground for nullity or divorce (sterility is not a ground).
- However, if A.I. was due to the husband's impotence, it can be a ground.
- If A.I. was done without the husband's consent, he can sue for divorce and sue the doctor for damages.
No IPC section cited - governed by the Hindu Marriage Act / Special Marriage Act. These remain unchanged.
4. Natural Birth
If a natural child is born after an A.I. child:
- The A.I. child remains illegitimate unless adopted.
- The naturally born child remains legitimate.
- If parents do not disclose the A.I., the child is treated as natural for practical purposes.
No IPC section cited.
5. Unmarried Woman or Widow
An unmarried woman or widow may have a child through A.I., but that child would be illegitimate under Indian law (no statutory provision granting legitimacy).
No IPC section cited.
6. Incest
There is a risk of incest between A.I. children of the same donor. However, this is not an offence in India - no IPC provision specifically criminalizes unknowing incest arising from anonymous A.I.D.
No IPC section cited here.
Summary Table: IPC Sections Mentioned vs. BNS
| IPC Section | Subject | BNS 2023 Status |
|---|---|---|
| S. 497 IPC | Adultery | DELETED - No equivalent. Struck down by Supreme Court in 2018 (Joseph Shine case). Not re-enacted in BNS. Adultery is only a civil ground for divorce. |
Key point: The textbook mentions only one IPC section - S. 497 (Adultery). All other legal issues discussed (legitimacy, nullity, inheritance) fall under civil/personal laws (Hindu Marriage Act, Succession Acts), not the IPC/BNS.
Additional Context
The Delhi Artificial Insemination (Human) Act, 1995 is mentioned in the text as the main legislation attempting to regulate A.I. in India. It aimed to:
- Allow childless couples to have a child through A.I.
- Give the child a legal status.
- Regulate the donation, storage, and sale of human semen.
- Make A.I. obligatory on medical practitioners for genuine cases.
- Prevent the spread of HIV through A.I.
- Prohibit carrying semen banks without registration.
As of now, India still lacks a comprehensive central law on ART (Assisted Reproductive Technology), though the ART (Regulation) Act, 2021 has since been enacted to fill some of these gaps at the national level.
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