Question 1

Is enticing a married woman still a crime in BNS?

Accepted Answer

Yes, under Section 84 of the BNS, providing there is criminal intent for illicit intercourse.

Question 2

Why was Section 498 retained in BNS 84 even after adultery (Section 497) was struck down?

Accepted Answer

Section 498/BNS 84 deals with 'taking or enticing away' a married woman — an active removal with criminal intent. This is distinct from the consensual act of adultery (Section 497) which was struck down. BNS 84 addresses criminal conduct of enticement, not the consensual sexual relationship.

Question 3

What is the difference between Section 498 and Section 366 (kidnapping to compel marriage)?

Accepted Answer

Section 498/BNS 84 covers enticing a married woman for illicit intercourse. Section 366/BNS 141 covers kidnapping or abducting any woman to compel marriage or illicit intercourse — regardless of current marital status.

Question 4

Is Section 498 (enticing married woman) cognizable?

Accepted Answer

No — Section 498 is Non-Cognizable (police need Magistrate's warrant), Bailable, with maximum 2 years. The non-cognizable status reflects the need for judicial oversight in private marital disputes.

Enticing a Married Woman: IPC 498 vs BNS 84

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