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As of 8 November 2026, what is the position under India’s general criminal law and the Hindu Marriage…

In Joseph Shine v. Union of India, the Supreme Court invalidated the former criminal adultery offence. The Bharatiya Nyaya Sanhita, 2023 did not reenact it. Section 13(1)(i)…

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As of 8 November 2026, what is the position under India’s general criminal law and the Hindu Marriage Act, 1955 on adultery between consenting civilian adults, standing alone?

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Answer and explanation

Correct answer B

In Joseph Shine v. Union of India, the Supreme Court invalidated the former criminal adultery offence. The Bharatiya Nyaya Sanhita, 2023 did not reenact it.

Section 13(1)(i) of the Hindu Marriage Act, 1955 retains adultery as a ground for divorce.

Option feedback

Option A

Consensual adultery alone is not a standalone general criminal offence, and the Hindu Marriage Act retains it as a divorce ground.

Option B

The Supreme Court invalidated the former criminal adultery provision, and the Bharatiya Nyaya Sanhita, 2023 did not reenact it. The Hindu Marriage Act retains adultery as a divorce ground.

Option C

The civil consequence remains, but the former standalone criminal offence does not.

Option D

The Hindu Marriage Act retains the divorce ground.

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