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IPC 498 vs BNS 498

● Retained in BNS
Indian Penal Code, 1860 § IPC 498

Enticing or taking away a married woman with intent to compel her or her husband to illicit intercourse


Section 498 of the Indian Penal Code, 1860, addresses cases where a person entices or takes away a married woman with the intent of compelling her, or her husband, to illicit sexual intercourse. This provision protects married women and their spouses from abduction or coercion for sexual purposes.

Key points:

  • Punishment: Imprisonment up to 2 years, or fine, or both.

  • Applies to acts where someone induces or removes a married woman by deceit or force.

  • Focuses on protecting the sanctity of marriage and consent of married women.

For example, if a man abducts a married woman intending to coerce her into sexual relations or force her husband into a criminal situation, he can be prosecuted under IPC 498. This provision recognizes the importance of marital consent and autonomy.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 498

Enticing or taking away a married woman with intent to compel her or her husband to illicit intercourse


Section 498 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 498. It criminalizes enticement or abduction of a married woman for sexual purposes or to coerce her husband.

BNS 498 retains the same scope, intent, and punishment as IPC 498, emphasizing the protection of married women from abduction, coercion, or exploitation. It ensures that such acts remain punishable offences under criminal law, safeguarding the rights of both the woman and her spouse.

Key aspects of BNS 498:

  • Punishment: Up to 2 years imprisonment, or fine, or both, same as IPC.

  • Covers acts of enticement, abduction, and coercion.

  • Ensures legal protection of marital consent and family integrity.

Thus, BNS 498 is identical to IPC 498, continuing the legal protection against abduction or coercion of married women.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 498 to BNS BNS 498.