Section Overview
Section Number:
IPC Section 497
Section Title:
Adultery
Act:
Indian Penal Code, 1860 (IPC)
Status:
❌ Struck down by the Supreme Court of India in 2018 (Joseph Shine v. Union of India)
✔ No longer a criminal offence in India
✔ Remains only for historical/legal reference
Section Explanation (Historical)
Simple Explanation (Plain English/Hinglish)
IPC Section 497 ka matlab tha ki agar koi aadmi kisi shaadi-shuda aurat ke saath uske husband ki permission ke bina sexual relationship banata hai, to usko crime maana jata tha.
Simple words mein:
"Shaadi-shuda aurat ke saath bina husband ki consent ke relationship karna pehle IPC 497 ke under crime tha."
Legal Meaning (Old Law Position)
IPC Section 497 stated:
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A man who had sexual intercourse with a married woman without her husband’s consent committed adultery;
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The woman was not punishable;
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The husband alone could file a complaint.
👉 The provision was gender-biased and husband-centric.
Why IPC Section 497 Was Struck Down
Case Name:
Joseph Shine v. Union of India (2018)
Court:
Supreme Court of India (Constitution Bench)
Key Reasoning:
The Court held that:
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It treated women as property of husband;
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It violated Article 14 (equality before law);
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It violated Article 21 (dignity and privacy);
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It was unconstitutional and archaic.
Supreme Court Key Findings
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Adultery is a private moral issue, not a criminal offence;
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Criminal law should not regulate consensual adult relationships;
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Women cannot be treated as subordinate to husbands;
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Equality and dignity are fundamental rights.
Present Legal Position
After 2018 Judgment:
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Adultery is NOT a crime in India;
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It can still be a ground for:
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Divorce under personal laws;
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Matrimonial disputes;
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Civil consequences.
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IPC ↔ BNS Mapping
IPC Section:
IPC Section 497
BNS Equivalent:
❌ No equivalent provision in Bharatiya Nyaya Sanhita, 2023
Status:
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Completely removed from criminal law framework;
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Only civil/matrimonial consequences remain.
Real-Life Examples (Historical Context)
Example 1 (Before 2018):
A man has a relationship with a married woman without her husband’s consent → earlier punishable.
Example 2 (After 2018):
Same act → NOT a criminal offence, but may affect divorce proceedings.
Importance of the Judgment
The striking down of Section 497 marked:
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A shift toward gender equality;
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Recognition of individual autonomy;
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Separation of morality from criminal law;
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Strengthening of constitutional rights.
Legal Insights
Key Principle:
Criminal law does not regulate consensual adult relationships unless public harm exists.
What Still Applies Today:
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Divorce on grounds of adultery (in some personal laws);
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Custody disputes;
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Civil matrimonial remedies.