Patriarchy Codified: Evolution of the Laws against Adultery in India

The Bharat Nyaya Sanhita (BNS) is a codified penal law, which aims to consolidate and modernize all the laws within its socio-legal framework. Its 5th Chapter, which deals with offences against woman and children, incorporates the traditional patriarchal norms, thereby legally codifying them. The “Offenses Against Woman and Child” chapter serves as a lens through which we could examine the way women have been persistently treated in our society, irrespective of all the progress that we have made throughout the years, fundamentally remains the same. While the provisions contained under this chapter aim to protect women, their flaws result in controlling them, and treating them as a property. Section 84 of the BNS while ostensibly aims to protect the sanctity of marriage, reinforces patriarchal structures, objectifies women, and reduces them to being their husband’s property. This paper examines Section 84 in detail, explores the history and evolution of laws relating to marriage, particularly the laws that criminalized adultery before the BNS came into force, and advocates for a more progressive and equitable approach to addressing offences relating to personal law.