Is adultery a crime in India?

Adultery stopped being a crime in India in 2018, and the new criminal code did not bring it back. But "not a crime" does not mean "no consequences". Here is where the law stands.

Quick answer

No. Adultery is not a crime in India. The Supreme Court struck down IPC section 497 in Joseph Shine v. Union of India (2018), and the Bharatiya Nyaya Sanhita, 2023 has no adultery offence. Adultery is still a ground for divorce, can affect maintenance, and can lead to disciplinary action in the armed forces.

Key takeaways

  • Adultery has not been a crime in India since the Joseph Shine judgment of 27 September 2018.
  • The BNS, in force since 1 July 2024, did not reintroduce adultery as an offence.
  • Adultery remains a ground for divorce under Hindu, Special Marriage and Christian marriage laws.
  • Related acts like bigamy, cruelty, deceit or image-based abuse are still crimes.
  • Armed forces can still discipline personnel for adultery under service law.

Kya adultery apradh hai? Is adultery a crime in India?

No. Adultery (vyabhichar) is not a criminal offence in India today. On 27 September 2018, a five-judge bench of the Supreme Court in Joseph Shine v. Union of India struck down section 497 of the Indian Penal Code and section 198(2) of the Code of Criminal Procedure. The court held that the provision was arbitrary, treated a wife as her husband's property, and violated the rights to equality, dignity and privacy.

When the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the IPC on 1 July 2024, it did not include any adultery offence. A parliamentary committee examining the bill had recommended bringing back a gender-neutral adultery offence, but that recommendation was not adopted in the law as passed.

So you cannot file an FIR against your spouse, or their partner, simply because they had an affair. But the Supreme Court was clear that adultery can still be a civil wrong and a ground for divorce. As the court later put it while clarifying the judgment, it never approved of adultery.

Adultery kya hai? What counts as adultery in law

In Indian family law, adultery means a married person voluntarily having sexual intercourse with someone other than their spouse while the marriage subsists. Hindi mein ise aam taur par "vivah ke bahar sharirik sambandh" ya "vyabhichar" kaha jata hai.

A few points that often confuse people:

  • A single act is enough for divorce purposes under the Hindu Marriage Act after its 1976 amendment; earlier law required "living in adultery".
  • Emotional affairs and chatting are not adultery in the strict legal sense, though they may support a case of mental cruelty depending on the facts.
  • Direct proof is rarely available, so courts accept circumstantial evidence and decide on the preponderance of probabilities.

Under the old IPC 497, only the man who had relations with another man's wife could be punished, the wife could not be prosecuted, and the act was not an offence if the husband "consented". Those features are exactly why the Supreme Court found it unconstitutional.

The judges also reasoned that adultery is usually a symptom of a broken marriage rather than its cause, and that criminal punishment does little to protect a marriage. Turning a private breakdown into a police case, the court felt, intruded into the personal autonomy of adults. The remedy for the wronged spouse, therefore, lies in family law: separation, divorce and the financial orders that follow. That reasoning explains why most legal steps after an affair today happen in a family court rather than a police station.

Adultery ki dhara kya hai? Old and current law at a glance

ProvisionWhat it saidStatus today
IPC section 497Adultery an offence by the man; up to five yearsStruck down in 2018; no BNS equivalent
CrPC section 198(2)Only the husband could complain of adulteryStruck down in 2018
Hindu Marriage Act, 1955 s.13(1)(i)Divorce if spouse had voluntary intercourse with another personIn force
Hindu Marriage Act s.10Judicial separation on the same grounds as divorceIn force
Special Marriage Act, 1954 s.27(1)(a)Adultery as a ground for divorce for civil and inter-faith marriagesIn force
Divorce Act, 1869 s.10Adultery as a ground for divorce for Christian marriagesIn force
BNSS section 144(4)A wife "living in adultery" is not entitled to maintenance under s.144In force (earlier CrPC s.125(4))

Muslim personal law also allows a wife to seek dissolution of marriage on grounds that include the husband's association with women of ill repute and cruelty, under the Dissolution of Muslim Marriages Act, 1939. Your lawyer will choose the right law based on how your marriage was solemnised.

Is an extramarital affair legal? The consequences that remain

An extramarital affair is not a crime, but it is not legally consequence-free either:

  • Divorce: the wronged spouse can seek divorce or judicial separation on the ground of adultery. Our guide on how to prove adultery in a divorce case explains the evidence needed.
  • Maintenance: under BNSS s.144(4), a wife proved to be living in adultery is not entitled to maintenance under that section. One-off lapses are treated differently from "living in adultery". See how adultery affects alimony and custody.
  • Custody: courts decide custody on the welfare of the child. Adultery alone does not automatically take away custody.
  • Armed forces: in a 2023 clarification, the Supreme Court held that the Joseph Shine judgment does not stop disciplinary action against armed forces personnel under service laws such as the Army Act.
  • Civil damages: in 2025 a single judge of the Delhi High Court held that a wife's civil suit for damages against her husband's alleged partner, for "alienation of affection", was maintainable. That was a preliminary ruling, not a final decision on liability, and the law here is still developing.

When cheating in marriage can still involve a crime

Adultery itself is not punishable, but conduct around an affair often is. Examples under the BNS and other laws:

  • Bigamy, BNS s.82 (earlier IPC 494/495): marrying again while a spouse is alive and the first marriage subsists. See our guide on second marriage without divorce.
  • Cruelty, BNS s.85-86 (earlier 498A): harassment or conduct by a husband or his relatives that drives a wife towards harm or is linked to unlawful demands.
  • Deceitful promise of marriage, BNS s.69: sexual intercourse obtained by deceitful means, including a false promise to marry, for example by a married man who hides his marriage.
  • Enticing a married woman, BNS s.84 (earlier IPC 498): a separate, rarely used, non-cognizable offence with specific elements; it is not a substitute for the struck-down adultery law.
  • Image-based abuse: recording or sharing intimate images without consent (BNS s.77, IT Act s.66E), and blackmail using them (BNS s.308).
  • Domestic violence: a wife can seek protection, residence and monetary relief under the Protection of Women from Domestic Violence Act, 2005, which covers emotional and economic abuse.

What to do if you suspect your spouse of adultery

  1. Pause before confronting. Sudden confrontation often leads to deleted evidence and escalated conflict.
  2. Do not spy illegally. Reading their phone, installing spyware, tracking their car or planting cameras can expose you to criminal complaints. Read how to catch a cheating spouse legally first.
  3. Write down what you know: dates, unexplained absences, and anything you have lawfully seen or received.
  4. Consult a family lawyer about your goals: reconciliation, separation, divorce, maintenance or custody.
  5. Consider lawful professional help. A detective can observe in public places and document facts through a post-matrimonial investigation.
  6. Consider counselling if you want to try to save the marriage; many family courts also refer couples to mediation.

If there is any violence or threat to your safety, call 112, or the women's helpline 181.

Bottom line

Adultery is not a crime in India after Joseph Shine, and the BNS has not changed that. It remains a recognised ground for divorce and can affect maintenance, but it does not land anyone in jail by itself. If you need clarity before you decide your next step, lawful evidence and good legal advice matter more than confrontation; you can find a verified detective near you for discreet fact-finding.

This guide is general information, not legal advice. Laws and procedures change, and every case is different — speak to a lawyer about your situation. In an emergency, call 112.

FAQ

Questions, answered.

Can I file an FIR against my wife's lover?

Not for adultery, because it is no longer an offence and police cannot register an FIR for it. If his conduct involves a separate crime, such as threats, blackmail, stalking or circulating private images, you can complain about that. For the marriage itself, your remedies lie in the family court.

Is adultery still punishable for army, navy or air force personnel?

Service personnel can face disciplinary action, including court martial, for adulterous conduct under service laws such as the Army Act, 1950. The Supreme Court clarified in 2023 that its 2018 judgment decriminalising adultery did not deal with those service provisions. This applies to personnel, not to civilians.

Does adultery by a wife cancel her right to stridhan?

No. Stridhan, including jewellery and gifts given to a woman, is her own property, and the Supreme Court has recognised it as such. Adultery may be relevant to divorce and maintenance under certain provisions, but it does not by itself forfeit her stridhan. Disputes over specific items are decided on evidence.

Is a live-in relationship by a married person legal?

It is not a crime for a married adult to live with another consenting adult, but it creates serious legal disadvantages. It gives the spouse a ground for divorce, and the Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) held that such a relationship did not qualify as a relationship in the nature of marriage under the domestic violence law.

Can a husband and wife both file for divorce on grounds of adultery?

The law is gender-neutral on this ground. Under the Hindu Marriage Act and Special Marriage Act, either spouse can seek divorce if the other had voluntary sexual intercourse with someone else after marriage. The petitioner must prove it, usually through circumstantial evidence assessed on the balance of probabilities.