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Under the Bharatiya Nyaya Sanhita, 2023, a married civilian woman has consensual sexual intercourse…

In Joseph Shine v. Union of India (2018), the Supreme Court struck down the former Indian Penal Code offence of adultery. The Bharatiya Nyaya Sanhita, 2023 does not create a…

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Under the Bharatiya Nyaya Sanhita, 2023, a married civilian woman has consensual sexual intercourse with another civilian adult. The facts establish no deceit, coercion or other criminal conduct. What follows from adultery alone?

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Answer and explanation

Correct answer D

In Joseph Shine v. Union of India (2018), the Supreme Court struck down the former Indian Penal Code offence of adultery. The Bharatiya Nyaya Sanhita, 2023 does not create a standalone offence for the consensual adultery described.

Option feedback

Option A

The Sanhita contains no standalone offence of consensual adultery.

Option B

The other adult’s marriage does not turn the stated conduct into an offence of adultery.

Option C

Being unmarried does not turn the other adult’s consensual involvement into a standalone offence for the woman.

Option D

Consensual adultery alone is not criminalised under the Sanhita.

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