IPC 497 vs BNS 497
● Modified in BNSAdultery
Section 497 of the Indian Penal Code, 1860, traditionally dealt with adultery, criminalizing sexual relations by a man with a married woman without the consent of her husband. The law considered adultery a crime against the husband’s rights rather than the woman’s autonomy, reflecting historical societal norms.
Key points:
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Punishment: Imprisonment up to 5 years, or fine, or both.
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Applied only to men; women could not be prosecuted under this section.
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Designed to protect marital fidelity and prevent extramarital sexual relations with a married woman.
For example, if a man has sexual relations with a married woman without her husband’s consent, he could be prosecuted under IPC 497. However, the law did not consider consensual acts between a married man and an unmarried woman as adultery.
Note: IPC 497 was struck down by the Supreme Court of India in 2018 (Joseph Shine v. Union of India) as unconstitutional, citing gender discrimination and violation of women’s autonomy.
— (Removed / Not Applicable)
In the Bharatiya Nyaya Sanhita, 2023, there is no provision corresponding to IPC 497. Adultery is no longer treated as a criminal offence in India. The removal reflects the Supreme Court’s judgment decriminalizing adultery, emphasizing equality, consent, and protection of women’s rights.
BNS 497 is absent because criminal law now focuses on acts that harm society or individual rights without discrimination. Issues arising from adultery, such as marital disputes or civil claims, are addressed under civil law, divorce, and maintenance provisions, not criminal statutes.
Thus, BNS 497 ensures that the law aligns with modern principles of gender equality, personal autonomy, and constitutional rights.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.