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As of 8 November 2026, what is the criminal-law status under the Bharatiya Nyaya Sanhita, 2023 of…

The Supreme Court struck down former section 497 of the Indian Penal Code in Joseph Shine v. Union of India on 27 September 2018. The Bharatiya Nyaya Sanhita, 2023 contains…

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As of 8 November 2026, what is the criminal-law status under the Bharatiya Nyaya Sanhita, 2023 of consensual adulterous intercourse between two adults, where no other offence is involved?

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Answer and explanation

Correct answer D

The Supreme Court struck down former section 497 of the Indian Penal Code in Joseph Shine v. Union of India on 27 September 2018.

The Bharatiya Nyaya Sanhita, 2023 contains no corresponding offence of adultery. Its section 84 addresses separate conduct with additional ingredients.

Option feedback

Option A

A cognizable classification presupposes an offence. The stated conduct alone is no offence under the Sanhita.

Option B

This resembles the former procedural classification. The former adultery offence has been struck down and was not re-enacted in the Sanhita.

Option C

The stated conduct is no offence under the Sanhita, so a non-bailable classification does not apply.

Option D

Consensual adultery alone is no offence under the Sanhita. Section 84 deals with distinct acts, including taking or enticing away a married woman with a specified intent.

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