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On July 1, the rule of laws that were in place since the British era ended in the country. In their place, 3 new laws, Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita and Indian Evidence Act have been implemented. Of these, the Bharatiya Nyaya Sanhita will replace the IPC (1860). About 20 new crimes have been added in the new law. Also, many crimes are still kept in the category of crime. One of them is luring a married woman with wrong intentions. Let us know what changes have been made in BNS regarding this.
There are a total of 20 chapters in the Indian Justice Code. Earlier, crimes against women and children were scattered separately in the old IPC law. Now in the new law, they have been kept together in Chapter-5. This also includes marriage related crimes, out of which Section 84 makes luring a married woman with criminal intent a punishable offense.
What is Section 84 of BNS?
Under Section 84 of the Bharatiya Nyaya Sanhita–
Whoever takes or lures a woman who is the wife of another man and he knows about this, with the intention that she can have an illicit relationship with any person, or hides or detains the woman with that intention, then the person doing so will be punished.
In simple language, luring a married woman with criminal intent and taking her away from her husband or keeping her in custody is a punishable offense. If found guilty, the person will be punished with imprisonment up to two years or fine or both.
Is it a crime in IPC to lure another’s wife with wrong intention?
In Section 498 of the Indian Penal Code 1860, luring or detaining a married woman with criminal intent is a crime. In this too, there is a provision for punishing the guilty with imprisonment up to two years or fine or both.
A complaint of violation of Section 498 of the Indian Penal Code can be lodged by the husband or, if he is not present, by any person responsible for the welfare of the woman concerned.
Adultery not found place in BNS
Adultery is not included in the Indian Justice Code 2023. Adultery was a serious crime in Section 497 of the IPC. However, the Supreme Court declared Section 497 unconstitutional in 2018. Section 497 read, if a man knows that the woman is the wife of another person and has sexual relations with the woman without the consent or connivance of that person, then he will be guilty of the crime of adultery. It will not come under the category of rape.
Adultery was a punishable offense and for this the law provided for a punishment of five years imprisonment or fine or both. While striking down the section, the Supreme Court had said that Section 497 was an arbitrary and archaic law which violated women’s rights to equality and equal opportunities.
