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How does the Bharatiya Nyaya Sanhita, 2023 classify consensual sex between two adults, a married woman…

In Joseph Shine v. Union of India (2019) 3 SCC 39, decided in 2018, the Supreme Court struck down IPC section 497. The Bharatiya Nyaya Sanhita, 2023 did not reenact a…

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How does the Bharatiya Nyaya Sanhita, 2023 classify consensual sex between two adults, a married woman and a man who is not her spouse, on those facts alone?

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Correct answer A

In Joseph Shine v. Union of India (2019) 3 SCC 39, decided in 2018, the Supreme Court struck down IPC section 497. The Bharatiya Nyaya Sanhita, 2023 did not reenact a criminal offence of adultery. Adultery can still be a ground for divorce where the applicable matrimonial law provides for it.

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Option A

Joseph Shine v. Union of India struck down IPC section 497 in 2018. The BNS did not enact an offence of adultery.

Option B

Section 84 deals with enticing, taking away, concealing or detaining a married woman with the requisite intent. The stated facts do not establish those elements.

Option C

Section 85 punishes cruelty by a husband or his relative. Section 86 defines cruelty for that provision.

Option D

Section 63 defines rape. The stated facts do not establish the circumstances required by that section.

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