Which one of the following is NOT an offence under the Bharatiya Nyaya Sanhita, 2023?
Consensual sexual intercourse with a married woman without her husband's consent or connivance was the offence of adultery (formerly s.497 IPC). The Supreme Court struck it…
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Which one of the following is NOT an offence under the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer C
Consensual sexual intercourse with a married woman without her husband's consent or connivance was the offence of adultery (formerly s.497 IPC). The Supreme Court struck it down in Joseph Shine v. Union of India (2018), and the Bharatiya Nyaya Sanhita, 2023 contains no such offence. It may still be a ground for divorce under the personal law.
The other acts remain offences relating to marriage under the BNS: marrying again during the lifetime of a husband or wife under s.82; taking or enticing away a married woman with criminal intent under s.84; and cohabitation caused by a man deceitfully inducing a belief of lawful marriage under s.81.
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