Adultery
Context:
In a recent judgement, the Madhya Pradesh High Court held that a wife’s love and affection for someone other than her husband does not amount to adultery unless she has a physical relationship with that person.
- The judgement also highlighted that it is considered adultery only when the partner is necessarily involved in a sexual intercourse.
Relevance:
GS-01 GS-02 (Indian Polity, Society)
What is adultery?
- It is an act of engaging in sexual relationships by a married individual (man or woman) with someone other than their spouse, voluntarily.
- Legal position in India:
- Section 497 of the IPC: Before 2018, it considered adultery as a criminal act punishable by imprisonment for up to five years, a fine, or both, but only for men.
- However, in the Joseph Shine case, the Supreme Court of India ruled that this section violated Articles 14, 15, and 21 of the Indian Constitution and struck down Section 497, which made adultery a crime.
- Recently, the Bharatiya Nyaya Sanhita (BNS), 2023, suggested making it gender-neutral, applicable to both men and women. It argued that Section 497 was struck down on grounds of discrimination and making it gender-neutral would address this deficiency.
What is the Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2)?
- The Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2) brought in several major provisions.
- New changes: It retained existing IPC provisions on murder, assault, and causing hurt. However, new offences such as organised crime, terrorism, and group-related grievous hurt or murder were incorporated. It also added community service as a form of punishment.
- Definition of terrorism: It defines terrorism as acts threatening national integrity or causing public terror, with penalties ranging from death or life imprisonment to imprisonment with fines.
- Punishments: Organised crime offences, including kidnapping, extortion, financial scams, and cybercrime, are punishable by life imprisonment to death, with fines for committing or attempting organised crime.
- It specified mob lynching as a murder or severe injury by five or more individuals on specific grounds (race, caste, etc.), carrying punishments of life imprisonment or the death penalty.
- The BNS2 retains IPC sections on rape, voyeurism, and other violations, raises the age threshold for gang rape victims from 16 to 18 years, and criminalises deceptive sexual acts or false promises.
- The sedition offence is eliminated and replaced with penalising secession, armed rebellion, or actions endangering national sovereignty or unity.
- The punishment for causing death by negligence is elevated from two to five years under Section 304A of the IPC, while convicted doctors face a lower punishment of two years imprisonment.
- Finally, the BNS2 aligns with Supreme Court decisions by excluding adultery as an offence and introduces life imprisonment alongside the death penalty for murder or attempted murder by a life convict.
Conclusion:
Navigating the complexities of adultery demands a nuanced approach. Balancing legal reform, legislative actions, and societal awareness is pivotal for crafting a fair and harmonious path forward.
