IPC Section 498 and BNS Section 84: Enticing or Detaining a Married Woman
Section 498 of the Indian Penal Code, 1860 dealt with taking away, enticing, concealing or detaining a married woman with the specified criminal intent. Since 1 July 2024, the corresponding offence is contained in Section 84 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
1. What does Section 84 of the BNS provide?
Section 84 of the Bharatiya Nyaya Sanhita, 2023 penalises a person who takes or entices away a woman, knowing or having reason to believe that she is another man's wife, with the intent that she may have illicit intercourse with any person. It also covers concealing or detaining such a woman with that intent.
The provision requires the specified intention. The fact that an adult married woman voluntarily leaves her matrimonial home or forms another relationship does not, by itself, establish every element of this offence.
2. Historical provision: Section 498 of the Indian Penal Code
Section 498 IPC stated:
Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
This is the historical statutory text, not a statement that the IPC continues to govern new offences committed after the BNS came into force.
3. Difference between IPC Section 498 and BNS Section 84
| Issue | IPC Section 498 | BNS Section 84 |
|---|---|---|
| Applicable regime | Earlier Indian Penal Code | Current Bharatiya Nyaya Sanhita from 1 July 2024 |
| Taking or enticing | Expressly referred to taking from the husband or a person caring for her on his behalf | Omits that express phrase while retaining the requirement of taking or enticing away |
| Required intent | Intent that the woman may have illicit intercourse with any person | Same stated intent |
| Punishment | Up to two years, or fine, or both | Up to two years, or fine, or both |
4. Essential ingredients of the offence
- The woman is married to another man.
- The accused knows, or has reason to believe, that she is married.
- The accused takes or entices her away, or conceals or detains her.
- The conduct is accompanied by the specific intent that she may have illicit intercourse with a person.
- The prosecution must prove the relevant ingredients according to the applicable criminal standard of proof.
Courts must examine the woman's agency and the actual evidence of inducement, concealment, detention and intent. Marriage does not extinguish an adult woman's freedom of movement or personal autonomy.
5. Punishment, bail and trial
| Current provision | BNS Section 84 |
|---|---|
| Maximum punishment | Imprisonment of either description up to two years, or fine, or both |
| Nature | Non-cognizable |
| Bail | Bailable |
| Court | Any Judicial Magistrate |
These classifications follow the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Non-cognizable means police ordinarily require the Magistrate's order to investigate; it does not mean that the conduct is lawful.
6. Who can initiate proceedings?
Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides special rules governing prosecution for offences against marriage, including Section 84 BNS. The statutory requirements concerning the aggrieved complainant and any permitted exception should be considered before filing a complaint. Read the official BNSS provisions alongside the facts of the case.
7. Can the offence be compounded?
Section 359 BNSS provides for compounding of specified offences. Its table includes BNS Section 84 and identifies the husband of the woman and the woman as persons by whom the offence may be compounded. Compounding must comply with the statutory procedure and any applicable court requirements.
8. Is this the same as adultery or cruelty?
No. The Supreme Court struck down the former adultery offence under IPC Section 497 in Joseph Shine v. Union of India (2018). BNS Section 84 is a separate offence requiring conduct and intention specified in its own text; it does not criminalise consensual adultery merely because it occurred. Likewise, cruelty by a husband or his relatives is separately addressed by BNS Sections 85 and 86 (formerly IPC Section 498A).
9. Frequently asked questions
Is IPC Section 498 still in force?
The IPC was repealed with effect from 1 July 2024. Section 84 BNS is the corresponding current provision. Earlier conduct and pending matters require consideration of repeal and savings rules.
Is BNS Section 84 bailable?
Yes. It is classified as bailable under the BNSS First Schedule.
Is leaving a husband voluntarily a crime?
No, not merely by itself. The offence requires proof of the acts and specific intent prescribed by Section 84. An adult woman's voluntary decisions must be distinguished from criminal enticement, concealment or detention.
What is the maximum sentence?
Up to two years' imprisonment, or a fine, or both.
10. Official legal references
- National Crime Records Bureau: Bharatiya Nyaya Sanhita, 2023
- Bureau of Police Research and Development: BNS text and IPC comparison
- Bureau of Police Research and Development: BNSS text
- BNSS First Schedule: Classification of offences
- India Code: Central legislation
Disclaimer: This article provides general legal information and does not replace advice on particular facts. Check the operative statutory text, applicable amendments and court orders before acting.