IPC 498 vs BNS 84: Enticing a Married Woman Changes Explained (2026)

In India, Section 84 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced Section 498 of the Indian Penal Code, 1860 (IPC) on 1 July 2024. The offence and its two-year maximum are carried over, but the words requiring the woman to be taken "from that man, or from any person having the care of her on behalf of that man" are omitted.

At a glance

IPC	BNS	Offence	Punishment (BNS text)	Classification (BNSS First Schedule)	Change
498	84	Taking or enticing away, or concealing or detaining, a woman known to be another man's wife, with intent that she may have illicit intercourse with any person	Imprisonment of either description up to 2 years, or fine, or both	Non-cognizable; bailable; any Magistrate	Modified (words "from that man, or from any person having the care of her on behalf of that man" omitted)

The CrPC First Schedule classified Section 498 IPC as non-cognizable, bailable and triable by any Magistrate (the "Ditto" entries trace to the Section 493 row for cognizability and the Section 494 row for bail), so the classification is unchanged. The prosecution rule moves from Section 198 of the Code of Criminal Procedure, 1973 (CrPC) to Section 219 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

What changed

Modified — Section 84 BNS (IPC 498): Section 498 IPC read "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". Section 84 BNS reads "the wife of any other man, with intent that she may have illicit intercourse with any person". The rest of the section — "takes or entices away", "knows or has reason to believe", "conceals or detains with that intent any such woman" and the punishment — is word for word the same.
Identical — punishment: "imprisonment of either description for a term which may extend to two years, or with fine, or with both".
Identical — classification and compounding: non-cognizable, bailable, any Magistrate; compoundable without the court's permission by "The husband of the woman and the woman" (Section 359(1) BNSS; Section 320(1) CrPC).
Modified — who may complain (Section 219 BNSS, formerly Section 198 CrPC): Section 219(2) keeps the rule that "no person other than the husband of the woman shall be deemed to be aggrieved" by the offence, but the CrPC proviso — "in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf" — is not in Section 219(2). Section 219(1) also names the offences by section ("sections 81 to 84 (both inclusive)") instead of "Chapter XX of the Indian Penal Code".
Omitted — adultery: the neighbouring Section 497 IPC has no counterpart in the BNS; Sections 81 to 84 BNS correspond to Sections 493 to 496 and 498 IPC.

Statutory text (relevant extract)

Extract, Section 498 IPC (repealed from 1 July 2024):

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.

Extract, Section 84 BNS:

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, 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.

Extract, Section 219(2) BNSS:

For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023.

How it works — the ingredients

Section 84 has four alternative forms of conduct and three common elements.

Conduct (any one)

Takes away the woman.
Entices away the woman.
Conceals any such woman.
Detains any such woman.

Common elements

Marital status — the woman "is" the wife of another man.
Knowledge — the accused "knows or has reason to believe" that she is another man's wife.
Intent — the taking, enticing, concealing or detaining is "with intent that she may have illicit intercourse with any person". The person intended need not be the accused.

In Alamgir (below), the Supreme Court read the section as covering four kinds of case — taking away, enticing away, concealing and detaining — and held that the intent to illicit intercourse must be proved first; without it the other ingredients do not sustain the charge.

What the omitted words did: under Section 498 IPC the taking or enticing had to be "from that man, or from any person having the care of her on behalf of that man". Alamgir built its reading of "detains" on that phrase, describing detention as keeping back a wife "from her husband or any other person having the care of her on behalf of her husband". On a reading of the text, Section 84 BNS no longer states from whom the woman must be taken; the conduct and the intent are enough. Whether courts will read the old requirement back in, given that the husband alone remains the person aggrieved under Section 219(2) BNSS, is a matter for judicial construction that has not yet been read for this page.

Neighbouring provisions

Section 87 BNS (formerly Section 366 IPC) covers kidnapping or abducting any woman with intent that she may be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse. Alamgir contrasted that section with Section 498 IPC, noting that it deals with cases where the woman is an unwilling party.
Sections 81 to 83 BNS cover cohabitation by deceitfully inducing a belief of lawful marriage (formerly Section 493 IPC), bigamy (formerly Sections 494 and 495) and a fraudulent marriage ceremony (formerly Section 496).
Sections 85 and 86 BNS (cruelty by husband or relatives, formerly Section 498A IPC) are a different offence and are outside Section 219 BNSS.

What this means in practice

For the husband (complainant)

The offence is non-cognizable, and Section 219(1) BNSS bars cognizance except on a complaint by the person aggrieved, so the route is a complaint to a Magistrate. Section 219(2) makes the husband the only person aggrieved.
If the husband is serving in the Armed Forces and certified unable to obtain leave, clause (b) of the proviso to Section 219(1) lets a person he authorises in writing complain on his behalf; the authorisation must meet Section 219(4) (signed or attested by the husband, countersigned by his Commanding Officer, with a certificate that leave cannot be granted).
Limitation: the offence is punishable with imprisonment up to two years, so under Section 514(2)(c) BNSS the period is three years — the same as under Section 468(2)(c) CrPC.

For relatives or carers of the woman

The CrPC proviso that allowed "some person who had care of the woman on his behalf" to complain, with the court's leave, in the husband's absence is not in Section 219(2) BNSS. On a reading of the text, only the husband — or a person complaining on his behalf under clause (a) (with the leave of the Court, where he is, for example, a child or unable from sickness or infirmity to complain) or clause (b) (the Armed Forces clause) of the proviso to Section 219(1) — can now set the prosecution in motion.

For the accused and defence advocate

Test each element: proof of a subsisting marriage, knowledge or reason to believe, and — first — the intent that she may have illicit intercourse. Alamgir holds that without proof of that intent the charge fails.
The woman's consent is not a complete answer where the accused's persuasion or allurement caused or encouraged her to leave or stay away (Alamgir). Conversely, Alamgir acquitted a co-accused against whom no act of inducement was proved.
The offence is bailable, so release on bail is governed by Section 478 BNSS (bail in bailable offences), and it may be compounded by the husband and the woman without the court's permission.

Judgments that still matter

Alamgir & Another v. The State of Bihar, [1959] Supp. 1 S.C.R. 464 (1958 INSC 100) — 14 November 1958. Gajendragadkar and A. K. Sarkar JJ. (judgment by Gajendragadkar J.) construed the word "detains" in Section 498 IPC. The Court said: "The provisions of s. 498, like those of s. 497, are intended to protect the rights of the husband and not those of the wife." It held that there are three ingredients — the taking, enticing, concealing or detaining of another's wife; knowledge or reason to believe that she is another's wife; and the intent that she may have illicit intercourse — and that the intent must be proved before the others are considered. Detention need not be against the woman's will: it means keeping back a wife from her husband or a person caring for her on his behalf, and "need not be by force" but can result from "persuasion, allurement or blandishments". The appeal of the first appellant was dismissed, but his sentence was reduced from the High Court's enhanced sentence of six months' rigorous imprisonment to two months' simple imprisonment; the second appellant, against whom no inducement was proved, was acquitted. The report does not show paragraph numbers. On a reading of the text, the Court's reading of "detains" and of the intent element bears on words that Section 84 BNS repeats; its description of detention as keeping the wife back "from her husband" draws on words that Section 84 omits.

No Supreme Court judgment applying Section 84 BNS was located and read for this page.

Which law applies to your case

Section 358(2) BNS keeps alive any penalty or punishment incurred under the IPC and allows proceedings to continue "as if that Code had not been repealed"; on a reading of that provision, conduct before 1 July 2024 is charged under Section 498 IPC. Complaints, inquiries and trials pending on that date continue under the CrPC, including Section 198 (Section 531(2)(a) BNSS). The punishment is the same under both laws. Article 20(1) of the Constitution bars a conviction except for violation of a law in force at the time of the act, so, on a reading of that Article, conduct before 1 July 2024 that fell outside the words of Section 498 cannot be prosecuted under Section 84. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 498 IPC? Section 84 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 498 IPC. It punishes whoever takes or entices away a woman whom he knows or has reason to believe to be the wife of another man, with intent that she may have illicit intercourse with any person, or conceals or detains any such woman with that intent. The punishment remains imprisonment of either description up to two years, or fine, or both.

What changed between Section 498 IPC and Section 84 BNS? Section 84 BNS omits the words "from that man, or from any person having the care of her on behalf of that man", which in Section 498 IPC described from whom the woman was taken or enticed away. Everything else in the offence and the punishment is the same. The complaint rule in Section 219 BNSS also drops the proviso that allowed a person caring for the woman to complain in the husband's absence.

Is Section 84 BNS cognizable and bailable? No and yes. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 lists Section 84 BNS as non-cognizable and bailable, triable by any Magistrate. The CrPC First Schedule classified Section 498 IPC the same way, so the classification has not changed.

Who can file a complaint under Section 84 BNS? Under Section 219(1) BNSS, no court may take cognizance of an offence under Sections 81 to 84 BNS except on a complaint by a person aggrieved by the offence, and Section 219(2) provides that only the husband of the woman is deemed aggrieved by an offence under Section 84. Clause (b) of the proviso to Section 219(1) lets a person authorised by a husband serving in the Armed Forces complain on his behalf, subject to the conditions in Section 219(4).

Can a case under Section 84 BNS be settled by compromise? Yes. The table under Section 359(1) BNSS lists Section 84 BNS as compoundable by the husband of the woman and the woman, without the permission of the court. Section 320(1) CrPC listed Section 498 IPC with the same persons.

Is it a defence under Section 84 BNS that the woman left of her own free will? Not by itself. In Alamgir v. State of Bihar ([1959] Supp. 1 S.C.R. 464), decided under Section 498 IPC, the Supreme Court held that detention does not have to be against the woman's will and can result from persuasion, allurement or blandishments. It also held that the intent that she may have illicit intercourse must be proved, and it acquitted a co-accused against whom no inducement was shown.

Which law applies to an offence under Section 498 IPC committed before 1 July 2024? Section 358(2) BNS saves any penalty or punishment incurred under the IPC and lets proceedings continue as if it had not been repealed, so on a reading of that text conduct before 1 July 2024 is charged under Section 498 IPC. Proceedings pending on that date continue under the CrPC, including Section 198, by Section 531(2)(a) BNSS.

Sources

Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 81 to 87 and 358.
Indian Penal Code, 1860 (India Code text): Section 498.
Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 219, 359(1), 514 and 531, and the First Schedule entry for Section 84 BNS.
Code of Criminal Procedure, 1973: Sections 198, 320(1) and 468, and the First Schedule entry for Section 498 IPC, with Ditto entries traced.
Constitution of India: Article 20(1).
Judgment read in full text: Alamgir & Another v. The State of Bihar (S_1959_1_464_478_EN.md; citation confirmed from report PDF S_1959_1_464_478_EN.pdf).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 498 IPC vs Section 84 BNS — Enticing or Taking Away or Detaining with Criminal Intent a Married Woman