Bharatiya Nyaya Sanhita Introduces Section Revisions, IPC 497 Removed

On December 25, 2023, a historic event unfolded in India’s legal arena as The Bharatiya Nyaya Sanhita, 2023 (BNS), the nation’s fresh criminal code, secured legal status by receiving the President’s approval, officially supplanting the Indian Penal Code (IPC). The Bharatiya Nyaya Sanhita has introduced notable changes to section numbers related to marital offenses, including the removal of IPC Section 497. Here’s an overview:

Marital Offences in IPC vs BNS

Nature of OffencePrevious LawNew Law
Dowry DeathSection 304B of IPCSection 80 of BNS
Deceitful CohabitationSection 493 of IPCSection 81 of BNS
Marrying without DivorceSections 494 & 495 of IPCSection 82 of BNS
Fraudulent Marriage CeremonySection 496 of IPCSection 83 of BNS
AdulterySection 497 of IPCRemoved in BNS
Enticing a Married WomanSection 498 of IPCSection 84 of BNS
Cruelty in MarriageSection 498A of IPCSections 85&86 of BNS
Kidnapping a Woman for MarriageSection 366 of IPCSection 87 of BNS
Know about Marital Offences in Bharatiya Nyaya Sanhita, 2023

List of Marital Offences in Bharatiya Nyaya Sanhita

  1. Dowry Death (Section 80):

    • Defines “dowry death” if a woman dies within seven years of marriage due to cruelty or harassment related to dowry.
    • Prescribes a minimum imprisonment of seven years, extendable to life, for those causing dowry death.
  2. Deceitful Cohabitation (Section 81):

    • Criminalizes deceitful actions causing an unmarried woman to believe she is lawfully married.
    • Imposes imprisonment up to ten years and a fine for the offender.
  3. Void Marriages (Section 82):

    • Addresses the act of marrying while having a living spouse.
    • Mandates imprisonment, extendable to seven years, and a fine for individuals engaging in void marriages.
  4. Subsequent Marriage Concealment (Section 82, Sub-section 2):

    • Imposes higher penalties if a person conceals a former marriage while contracting a subsequent one.
  5. Dishonest Marriage Ceremony (Section 83):

    • Criminalizes going through a marriage ceremony with fraudulent intent.
    • Prescribes imprisonment up to seven years and a fine for the offender.
  6. Enticement or Concealment of Married Woman (Sections 84):

    • Penalizes taking or enticing a married woman for illicit intercourse.
    • Imposes imprisonment up to two years, a fine, or both.
  7. Cruelty Against Women (Section 85, 86):

    • Defines “cruelty” to include conduct likely to drive a woman to suicide or cause grave injury.
    • Prescribes imprisonment up to three years and a fine for those subjecting women to cruelty.
  8. Kidnapping or Abduction for Forced Marriage (Section 87):

    • Criminalizes kidnapping or abduction of women with the intent of compelling them into marriage against their will.
    • Imposes imprisonment up to ten years and a fine.

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