S.497 IPC according to new bns section
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Section 497 IPC equivalent BNS Bharatiya Nyaya Sanhita 2023
Here is a complete comparison of S. 497 IPC and its status under the Bharatiya Nyaya Sanhita, 2023 (BNS):
S. 497 IPC (Adultery) - Status under BNS
What S. 497 IPC Said
Section 497, IPC defined and punished adultery:
"Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor."
Key features of S. 497 IPC:
- Only the man could be prosecuted; the wife was explicitly protected from punishment even as an abettor
- Treated adultery as a crime against the husband, not against the woman
- Punishment: up to 5 years imprisonment, or fine, or both
Why S. 497 IPC Was Struck Down
The Supreme Court in Joseph Shine v. Union of India (2018) - (2018) 2 SCC 189 unanimously declared S. 497 IPC unconstitutional on the following grounds:
- Violated Article 14 (right to equality) - arbitrary gender distinction
- Violated Article 15 (prohibition of discrimination on grounds of sex)
- Violated Article 21 (right to privacy, dignity, and autonomy)
- The provision treated women as the "property" of their husbands, not as autonomous individuals
- It was based on outdated gender stereotypes
S. 497 IPC under BNS, 2023
Section 497 IPC has been DELETED / OMITTED entirely from the BNS.
The BNS, which came into force on 1 July 2024, does not contain any equivalent provision for adultery as a criminal offence. This reflects the Supreme Court's 2018 ruling.
| IPC Section | Subject | BNS Equivalent |
|---|---|---|
| S. 497 | Adultery | DELETED (No corresponding section) |
What BNS Retains - Related Provision
While adultery as a standalone offence is gone, BNS Section 84 (corresponding to IPC S. 498) is retained:
BNS S. 84 - Enticing or taking away or detaining with criminal intent a married woman Punishes a man who takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of another man, from that man or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person.
- Punishment: imprisonment up to 2 years, or fine, or both
This is different from adultery - it targets enticement/abduction of a married woman, not consensual intercourse.
Summary
| Point | Detail |
|---|---|
| Old IPC provision | S. 497 - Adultery (criminal offence) |
| Supreme Court ruling | Joseph Shine v. UOI (2018) - struck down as unconstitutional |
| BNS status | Completely omitted / deleted |
| BNS in force since | 1 July 2024 |
| Related BNS provision | S. 84 BNS (enticement of married woman) = old S. 498 IPC |
In short, S. 497 IPC has no corresponding section in the BNS - adultery is no longer a criminal offence in India. The legislature acknowledged the Supreme Court's position and removed it entirely when drafting the new code.
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