What is the status of adultery under the Bharatiya Nyaya Sanhita, 2023?

In Joseph Shine v. Union of India, (2019) 3 SCC 39, the Supreme Court struck down IPC section 497 under Articles 14, 15 and 21. The former provision applied to a man who had intercourse with a woman he knew or had reason to believe was another man’s wife, without that man’s consent or connivance, where the intercourse did not amount to rape. The BNS contains no adultery offence. Voluntary intercourse outside the marriage can still be a ground for divorce under applicable matrimonial law, such as section 13(1)(i) of the Hindu Marriage Act, 1955.