IPC Section 497
Section 497 – Adultery (Note: This section was struck down in 2018)
Before September 2018, Section 497 dealt with adultery in India. The Supreme Court in the Joseph Shine vs Union of India case (2018) declared it unconstitutional, so it is no longer a criminal offence. However, for understanding, here’s what it stated:
Main Provisions of Section 497 (Before 2018)
Who could be punished?
Only a man who has sexual intercourse with a married woman without her husband’s consent.
The woman was not punished under this section.
The law assumed the woman’s consent was not required for criminality.
Consent of the husband
If the husband consented to the act, it was not an offence.
Punishment
The man could be punished with imprisonment up to 5 years, or fine, or both.
Key Points
Adultery was considered a crime against the husband, not the woman.
The law did not criminalize a married woman’s participation, reflecting a gender bias.
Reason for Striking Down
The Supreme Court held that Section 497 was arbitrary and unconstitutional because:
It treated women as property of their husbands.
It discriminated against men and women differently.
It violated fundamental rights of equality and personal liberty.
Current Situation
Adultery is no longer a criminal offence.
It can still be a ground for divorce under civil law (Hindu Marriage Act, Special Marriage Act, etc.), but not a crime punishable by imprisonment.
✅ In short:
Section 497 IPC, which criminalized adultery (man having sexual relations with a married woman without husband’s consent), is struck down. It is no longer a criminal offence in India, though adultery can still be a reason for divorce.
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