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After the decision in Joseph Shine v. Union of India (2018), which of the following correctly states…

Joseph Shine v. Union of India (2018) struck down the adultery offence (formerly s.497 IPC) as violative of Articles 14, 15 and 21, and the BNS has not re-enacted it, so…

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After the decision in Joseph Shine v. Union of India (2018), which of the following correctly states the present legal position on voluntary sexual intercourse by a married person with a person other than his or her spouse?

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Answer and explanation

Correct answer B

Joseph Shine v. Union of India (2018) struck down the adultery offence (formerly s.497 IPC) as violative of Articles 14, 15 and 21, and the BNS has not re-enacted it, so adultery is not an offence under the BNS. The Court made clear that adultery can still be a civil wrong and a ground for divorce: for example, section 13(1)(i) of the Hindu Marriage Act, 1955 allows divorce where the other spouse has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.

The options treating it as a BNS offence, whether limited to a man and another man's wife or prosecutable on a spouse's complaint, are wrong. The option denying that it is a ground for divorce is also wrong.

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