What happens if a husband falsely accuses a wife of adultery is a significant legal issue under Indian matrimonial and criminal law, especially after the implementation of India’s new criminal codes. With the decriminalization of adultery by the Supreme Court in 2018, and the introduction of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) in 2024, false allegations of infidelity now have deeper civil and criminal consequences than before. These may include defamation, mental cruelty, and legal penalties for misuse of law. This article explores remedies available to a wife under the new legal framework, while integrating keywords like criminal lawyers in Chandigarh, family advocates, high court lawyers, and matrimonial dispute lawyers in Chandigarh.

Legal Background: Decriminalization of Adultery in India

Section 497 IPC and Its Repeal

Prior to 2018, adultery was criminalized under Section 497 of the Indian Penal Code, allowing a husband to take criminal action against his wife’s alleged lover. However, in Joseph Shine v. Union of India (2018), the Supreme Court struck down Section 497 as unconstitutional, stating it violated Articles 14 (Equality), 15 (Non-Discrimination), and 21 (Right to Life and Dignity).

Key Highlights of the Judgment

  • Adultery is no longer a criminal offence. 
  • It remains a valid ground for divorce under matrimonial laws. 
  • False accusations of adultery can lead to civil liability and criminal penalties under defamation laws. 

What Is a False Allegation of Adultery?

A false allegation of adultery is a baseless, unproven accusation made against a spouse with the intent to defame, harass, or influence legal proceedings such as divorce or child custody. In today’s legal context, such an act may trigger both civil and criminal consequences under BNS, BNSS, and BSA.

Legal Remedies Available to the Wife

Defamation Under Bharatiya Nyaya Sanhita (BNS)

Under Section 356 of the BNS (which replaces Section 499/500 of IPC), criminal defamation includes any false statement intended to harm a person’s reputation.

  • Punishment: Imprisonment up to 2 years, fine, or both. 
  • The wife must show: 
    • The accusation was false and malicious. 
    • It was made publicly or in court. 
    • Her reputation suffered as a result. 

Criminal advocates in Chandigarh routinely file defamation complaints in such scenarios, particularly when these accusations are made in family courts or public domains.

Mental Cruelty as Ground for Divorce

As per Section 13(1)(ia) of the Hindu Marriage Act, 1955, and similar provisions under Muslim, Christian, and Special Marriage laws:

  • False allegations of adultery constitute mental cruelty. 
  • The wife can seek divorce citing emotional and reputational harm. 

Judicial precedents under the new legal system uphold this interpretation. Family lawyers in Chandigarh often rely on these grounds while representing victims of such accusations.

Legal Action for False Information Under BNS

If the false allegation leads to police involvement, the wife can initiate proceedings under the following BNS provisions:

  • Section 225 of BNS (equivalent to old Section 182 IPC): Punishes false information to a public servant. 
  • Section 223 of BNS (equivalent to old Section 211 IPC): Deals with false criminal accusations with intent to injure. 

These provisions allow the wife to register a criminal complaint against her husband for misusing the legal system.

Role of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

The BNSS, which replaced the CrPC, governs procedural safeguards and remedies in criminal cases. When a false accusation of adultery involves FIRs or legal complaints:

  • A preliminary inquiry is mandatory for certain categories of offences. 
  • The wife can file a petition to quash FIR before the High Court under BNSS guidelines. 

High court advocates in Chandigarh often represent such petitions, ensuring misuse of police machinery is dealt with legally and swiftly.

Constitutional Protections for the Accused Wife

Article 21 – Right to Life and Dignity

A false allegation of adultery is an attack on a woman’s dignity and privacy, both of which are constitutionally protected under Article 21.

Article 14 – Right to Equality Before Law

The law provides equal protection to the wife and ensures the husband cannot make arbitrary or malicious accusations without evidence or consequence.

These fundamental rights remain enforceable even under the new BNS and BNSS frameworks.

Evidence and Burden of Proof – Bharatiya Sakshya Adhiniyam (BSA)

The Bharatiya Sakshya Adhiniyam, which replaces the Indian Evidence Act, governs the admissibility and standards of proof.

  • The burden of proof lies on the person alleging adultery — in this case, the husband. 
  • He must provide: 
    • Call records 
    • Emails or messages 
    • Eyewitness testimony or surveillance evidence 

Unless prima facie proof is established, the wife does not need to prove her innocence. Family advocates in Chandigarh are trained to present counter-evidence and challenge unverified claims.

How Courts View False Allegations in Matrimonial Cases

Landmark Judgments

  • K. Srinivas Rao v. D.A. Deepa (2013) – False accusations amount to mental cruelty. 
  • Raj Talreja v. Kavita Talreja (2017) – Unsubstantiated allegations of infidelity are deemed sufficient ground for divorce. 

These rulings continue to influence current decisions even under the BNS regime, especially when argued by seasoned matrimonial dispute lawyers in Chandigarh.

Filing for Compensation or Civil Damages

The wife may also pursue:

  • Civil damages for emotional distress and reputational loss. 
  • Injunctions to stop the husband from repeating defamatory statements. 
  • Maintenance or alimony in light of character defamation and cruelty. 

Steps a Wife Can Take if Falsely Accused of Adultery

Step 1 – Collect Evidence

  • Screenshots of conversations 
  • Statements from witnesses 
  • Social media posts or surveillance footage 

Step 2 – Hire a Family or Criminal Advocate

Choose professionals like criminal lawyers in Chandigarh or family advocates familiar with BNS and BNSS.

Step 3 – File Legal Counteraction

Depending on the nature of the accusation, file a:

  • Defamation complaint under Section 356 BNS 
  • Criminal complaint under Section 225 or 223 BNS 
  • Divorce petition under Section 13(1)(ia) of the Hindu Marriage Act 

Step 4 – Seek High Court Relief

If an FIR or legal complaint is filed, approach the High Court for quashing under BNSS. High court lawyers in Chandigarh can assist with drafting and filing the petition.

Impact on Divorce, Custody, and Maintenance

  • Divorce: The wife may obtain divorce on cruelty grounds. 
  • Custody: Courts may view the husband’s behavior unfavorably in custody decisions. 
  • Maintenance: The wife may be awarded interim and permanent maintenance, especially if she proves defamation and harassment. 

These outcomes are often argued effectively by matrimonial dispute lawyers in Chandigarh.

Consequences for the Husband

Criminal Liability Under BNS

  • Section 223 BNS – False criminal prosecution 
  • Section 225 BNS – Providing false information to police 
  • Section 356 BNS – Defamation 

Civil and Matrimonial Consequences

  • Loss of moral credibility in family courts 
  • Adverse findings in divorce or custody battles 
  • Monetary penalties and damages 

With the implementation of India’s new criminal laws, false allegations of adultery carry serious legal consequences. While adultery itself is no longer criminal, falsely accusing a spouse without evidence can result in criminal defamation, civil liability, and divorce on grounds of cruelty. If you are a wife wrongly accused of adultery, you are protected under the BNS, BNSS, BSA, and the Indian Constitution.

From filing counter-cases to quashing false FIRs and seeking compensation, there are multiple legal remedies available. Whether you’re a legal student or someone facing this situation, consulting the right family lawyers, high court advocates, or criminal lawyers in Chandigarh will ensure your rights are safeguarded under the new laws.

FAQs on What Happens If a Husband Falsely Accuses a Wife of Adultery

1. Can a husband be punished for falsely accusing his wife of adultery?

Yes. Under Section 223 and Section 356 of the Bharatiya Nyaya Sanhita (BNS), a husband can be punished for making false accusations and committing defamation. The falsely accused wife can also initiate divorce proceedings on the ground of mental cruelty. Experienced criminal advocates in Chandigarh or matrimonial dispute lawyers can assist in filing the necessary criminal complaint and divorce petition.

2. Is adultery still a criminal offence in India?

No. Following the 2018 Supreme Court judgment in Joseph Shine v. Union of India, adultery is no longer considered a criminal offence in India. However, it remains a valid civil ground for divorce under various personal laws. Legal advice from trusted family lawyers in Chandigarh can help determine the appropriate course of action if adultery is alleged during matrimonial disputes.

3. What should I do if my husband files a false adultery claim in court?

If your husband makes a false allegation of adultery during legal proceedings, consult with high court lawyers in Chandigarh or family advocates immediately. They will help you respond with counter-evidence, legal affidavits, and potentially file cases for defamation or misuse of process. Legal support from matrimonial dispute lawyers in Chandigarh ensures that your rights are properly protected.

4. Can I file a defamation case if my husband defames me during divorce proceedings?

Yes. If your husband falsely accuses you of adultery in court or in public, you can file a criminal defamation complaint under Section 356 of BNS. You may also claim civil damages for loss of reputation. Skilled criminal lawyers in Chandigarh and high court advocates can represent you in both criminal and civil forums.

5. How can I prove that the adultery claim is false?

To disprove a false adultery claim, you can submit digital evidence (such as messages or emails), alibi records, and witness testimonies. Legal professionals like matrimonial dispute lawyers in Chandigarh and criminal defense advocates will assist in preparing a strong rebuttal, filing replies, and cross-examining any false witnesses during trial.