adultery


what if the case of 497(adultery) has been registered before it declared unconstitutional?
 
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Advocate

Hello,

The law will not have a restrospective effect, hence case registered before it was declared uncontitutional shall treat it as offence and punisable with punishment during that time. Contact me for more info.

Adv. Varun Vij
Juris Falcons Law Group
8779007569
 
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A Single Judge Bench comprising of M.G. Giratkar, J. allowed revision petition and set aside appellant�s conviction under Section 497 IPC in light of Supreme Court decision in�Joseph Shine v. Union of India,�2018 SCC OnLine SC 1676. The applicant was alleged to have had s*xual relations with complainant�s wife. He was tried and convicted by the trial court for committing the offence of adultery under Section 497 IPC. His appeal thereagainst before the Additional Session Judge was dismissed. Hence, then he filed the present application for revision. It was prayed that in light decision in�Joseph Shine�where Supreme Court had held Section 497 to be unconstitutional, the present application ought to be allowed. The High Court relied on�A.S. Gauraya v. S.N. Thakur,�(1986) 2 SCC 709�wherein it was held that a law declared by Supreme Court applies even to pending proceedings with retrospective effect. Hence, the Court gave retrospective effect to the law laid down in�Joseph Shine�to the proceeding pending before it. The Supreme Court in�Joseph Shine�held Section 497 IPC and Section 198 (2) CrPC to be violative of Articles 14, 15(1) and 21 and therefore unconstitutional. Therefore, in view of�Joseph Shine,�the conviction and punishment awarded to the applicant under Section 497 was quashed and set aside. [Rupesh v. Charandas,2018 SCC OnLine Bom 6292, dated 14-12-2018]
 
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Scientist/Engineer

All pending cases under Section 497 will lapse after the Supreme Court decision.

 
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Dy Director

anything illegal when the law was in force will continue to be illegal.       

 
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Scientist/Engineer

There is a difference between something being illegal and unconstitutional. If something illegal was made not illegal it will counted from the date of the new law. If something is declared unconstitutional, the new ruling will be counted from the date of the constitution. Sometimes only court can decide the issue.

 
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Thanks for the clarification Dr. Ramani. That's very informative.
 
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