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
| Provision | What it said | Status today |
|---|---|---|
| IPC section 497 | Adultery an offence by the man; up to five years | Struck down in 2018; no BNS equivalent |
| CrPC section 198(2) | Only the husband could complain of adultery | Struck down in 2018 |
| Hindu Marriage Act, 1955 s.13(1)(i) | Divorce if spouse had voluntary intercourse with another person | In force |
| Hindu Marriage Act s.10 | Judicial separation on the same grounds as divorce | In force |
| Special Marriage Act, 1954 s.27(1)(a) | Adultery as a ground for divorce for civil and inter-faith marriages | In force |
| Divorce Act, 1869 s.10 | Adultery as a ground for divorce for Christian marriages | In force |
| BNSS section 144(4) | A wife "living in adultery" is not entitled to maintenance under s.144 | In 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
- Pause before confronting. Sudden confrontation often leads to deleted evidence and escalated conflict.
- 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.
- Write down what you know: dates, unexplained absences, and anything you have lawfully seen or received.
- Consult a family lawyer about your goals: reconciliation, separation, divorce, maintenance or custody.
- Consider lawful professional help. A detective can observe in public places and document facts through a post-matrimonial investigation.
- 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.
Sources & official links
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.