Adultery is no more an offence: SC

Chief Justice of India, Dipak Misra said adultery is not a criminal offence

Must Read

Coronavirus: DRDO develops techniques for sanitisation of areas

New Delhi, Apr 3 (PTI) Enhancing its role in India''s fight against coronavirus, the Defence Research and Development Organisation...

Enter Zoom at your own risk: Hackers love to find exploits in Zoom

New Delhi, April 13 (IANS) Video meet app Zoom that has gained immense popularity among the enterprises, SMBs and...

Majority of Indian users do not take full data backup

New Delhi, March 5 (IANS) Although more than one in every four PC users in India has lost their...
Knowledge Stall Desk
At Knowledge Stall, we are going to quench the thirst of knowledge. We are going to try our level best in providing you the latest trending news about lifestyle, technology and other informative sectors

Adultery is no more an offenceSupreme court of India has termed two laws on adultery – IPC Section 497 and 498 as unconstitutional and a colonial rule. On Thursday, SC struck down these two sections. Along with this, the apex court has also struck down section 198(2) of the Code of Criminal Procedure(CrPC) that allows only the husband of the woman to be considered as aggrieved under IPC sections 497 or 498.

The judgment was passed unanimously by SC’s Constitution Bench headed by CJI Dipak Misra, comprising Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud, and Indu Malhotra.

- Advertisement -

In the judgment, it was observed that mere adultery cannot be a crime unless it attracts the scope of IPC’s Section 306 (Abetment of suicide). However, the court said that it can be a ground for divorce and a person will have civil remedies for it.

Chief Justice Dipak Misra said in an opinion on Adultery verdict that, Adultery may not be the cause of an unhappy marriage but a result after all. “Attaching criminality to adultery is going too far… a retrograde step. Of course, adultery can be a ground for a civil remedy – dissolution of marriage”, he wrote.

What is Section 497?

Section 497 of the Indian Penal Code earlier dealt with Adultery. The Section 497 (adultery) gives a husband the exclusive right to prosecute his wife’s lover. As per the Indian law, a woman cannot be punished for the offense of adultery. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offense in India.  If the man found guilty, he faces imprisonment of upto 5 years or fine or both.

A similar right is not conferred on a wife to prosecute the woman with whom her husband has committed adultery. Secondly, the provision does not confer any right on the wife to prosecute her husband for adultery.

Key Highlights of the Adultery Verdict – 

  • Supreme Court strikes down IPC 497, IPC 498 decriminalizing adultery.
  • Supreme Court also struck down section 198 (2) of the Code of Criminal Procedure (CrPC) that allows only the husband of the woman to be considered as aggrieved under 497 or 498.
  • The court felt 497 treats woman as a chattel or a property of a man as there is no offense if there is consent of the man.
  • Businessman Joseph Shine filed a PIL for IPC 497 to be struck down on grounds of being unconstitutional, unjust, illegal and arbitrary.
  • The government in its affidavit said IPC 497 was enacted to safeguard the sanctity of marriage, diluting it would be detrimental to matrimonial bond.

The judgment on Adultery came after a businessman, Joseph Shine has filed a PIL for Section 497 to be struck down.


Please enter your comment!
Please enter your name here

Latest News

We succeeded in saving country from stage 3: Health Minister

New Delhi, April 25 (IANS) Union Health Minister Harsh Vardhan on Friday said we have saved India from going...

Dietary supplements important weapon for fighting off COVID-19

New York, April 25 (IANS) Supplements containing vitamins C and D and other micronutrients are a safe, effective and low-cost means of helping your...

Instagram launches in-app food delivery to support businesses

San Francisco, April 25 (IANS) Facebook-owned photo and video-sharing app Instagram has launched a new feature that allows food orders to be placed through...

India has so far gifted $5 million medical supplies to world to combat Covid-19

New Delhi, April 24 (IANS) India has gifted USD 5 million worth of medicines and other Covid-19 related supplies to the world so far...

India needs to incentivise charger manufacturing: Top industry body

New Delhi, April 24 (IANS) Smartphone chargers and Printed Circuit Board Assembly (PCBA) are two mobile components that could help India achieve its manufacturing...

No exponential rise in Covid-19 cases in country: Health Ministry

New Delhi, April 23 (IANS) The Centre said on Thursday that the rise in coronavirus cases in the country has been more or less...

Google will now verify all of its advertisers on its platforms

San Francisco, April 23 (IANS) To provide greater transparency and equip users with more information about who is advertising to them, Google on Thursday...

HP to provide free resources to students, educators in India

New Delhi, April 23 (IANS) PC and printer major HP Inc. on Wednesday announced its partnership with educational content provider Gamooz in India to...

Can Facebook become Amazon of the world with Reliance Jio?

New Delhi, April 23 (IANS) Mark Zuckerberg-run Facebook has interestingly chosen India to begin its global ecommerce journey with investing $5.7 billion (approx. Rs...

More Articles Like This