Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Surendra Parmar   11 February 2021

497 adultery

y police is not registering case in india against accused under s497 ipc here rights are violated under article 14 19 21 mean while spouse will take divorce in that case the troubles will comes to there children ... meanwhile spouse life will spoil in this situation if here wife dumped her children in spouse hand .... children life also spoil and husband also


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 3 Replies

Kevin Moses Paul   11 February 2021

On 27th September 2018, a five-judge Bench unanimously struck down Section 497 of the Indian Penal Code (IPC), thereby decriminalising adultery.

It struck down the Section 497 IPC on the grounds that it violates Articles 14, 15 and 21 of the Constitution.

Later on,the Bench held that the to section is an archaic and paternalistic law, which infringes upon a woman's autonomy and dignity.

In significance for this the Bench mentioned down section 198 of the Code of Criminal Procedure Code (CrPC).Where, under section 198(2) CrPC specifies that only a husband can file charges for offences under Section 497.

CJI Misra struck down Section 497 IPC. For this purpose, he stated that Section 497 discriminates against women, treating them with indignity and inequality.
Moreover, he declared that legal subordination of one s*x to another is wrong in itself.

Section 497 of the Indian Penal Code (IPC) deals with Adultery.

The section further states that -
"Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor".

Thus,he concluded that Section 497 IPC violates Articles 14, 15 and 21 of the Constitution. He further held Section 198(2) CrPC as unconstitutional. Section 198(2) deals with the procedure for filing a complaint in relation to adultery.

Adding to his statement the judge stated that ---
"when the substantive provision goes, the procedural provision has to pave the same path".

Surendra Parmar   12 February 2021

y got it
in some situation husband confess to his wife that tells in police station to statement that she hve been raped by man with she has intercourse with another man In this situation police prove that she has been has raped by another man but the another was innocent at her concerns he was intercourse with her but on her original husband pressure she hve made false FIR then how the another man prove himself on what ground

175B083 Mahesh P S   16 February 2021

Hello,

Kindly go through the following article for a wider perspective on your query,

https://www.lawyersclubindia.com/articles/sc-strikes-down-158-year-old-adultery-law-under-section-497-ipc-9452.asp


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