Adultery law declared unconstitutional -section 497


Dear Experts,

Today Hon'ble Supreme Court of India struck down section 487 under final paragraph as under (Full Judgement also attached)

In view of the aforesaid discussion, and the anomalies in Section 497, as enumerated in para 11 above, it is declared that :

(i) Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution.

(ii) Section 198(2) of the Cr.P.C. which contains the procedure for prosecution under Chapter XX of the I.P.C. shall be unconstitutional only to the extent that it is applicable to the offence of Adultery under Section 497. (

iii) The decisions in Sowmithri Vishnu (supra), V. Rewathi (supra) and W. Kalyani (supra) hereby stand overruled.

Now please advise what about the cases where conviction made in lower court and case is at appealate stage? Whether accused will get benefit of the above decision and case will be dismissed as section 497 has been struck down?

Please advise

Regards,

Dhiraj Srivastava



Attached File : 101453 20180927150537 supreme court judgement on adultery.pdf downloaded 99 times
 
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Advocate

Yes all criminal cases pending under section 497 IPC, at any stage in any court either at trail stage or appeal stage will be dismissed on the basis of the Supreme Court judgment.
 
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Dear Sir,

Thanks for your reply. Please advise if any civil remedy available against the convicted person like defamation case etc. Act occured in 2014 and sentence in 2016. 

Regards,

Dhiraj Srivastava

 
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