Section-497


Section-497
Section-497

Section-497

The Section-497 of the  Indian Penal Code comes under the Chapter XX which is related to the offences which are related to the marriage or in other words if the married partners are involved in the sexual relationship or adultery with the third person .
Why it is news ?

Recently The Supreme Court  has struck down the Section-497 of IPC which criminalizes the adultery and declared it as a unconstitutionalised on this grounds. Now adultery is not a criminal offence .
A 5-Judge Constitutional bench which is headed by Chief Justice of India Dipak Misra give the judgement on behalf of himself and Justice A.M Khanwilkar that adultery is not a crime unless it attracts the crime like suicide.

Previously Section-497 punished a married man for having sex with the wife of another man. Here the women's husband can prosecute the man who has involved in sex with his wife and also the provision exempts his  wife from punishment and the wife should not be treated as an abettor . but in case if man is found to be having sexual  relationship with the other woman , the husband's wife cannot prosecute that lady which is in the relationship with her husband. So, this section was violating women's right to dignity which results in the breaking of Article-21 of our constitution because Section-497 had given power to the husband to do prosecution against the another man who was involved in adultery with his wife whereas wife had not given such power to prosecute the another woman who was involved in adultery action with her husband .

The court has clarified that the adultery will be a ground for divorce and also clears that if  the adultery caused suicide of the spouse , the adulterous partner  could be prosecuted  for the encouragement of suicide under Section 306 of Indian Penal Code. The court has also struct down Section 198(2) of code of criminal procedure as a result of consequences of striking down the Section-497 of IPC.

Here below is the list of some countries where adultery is still a crime. The countries are - Iran , Pakistan , UAE , Egypt , Morocco, Afghanistan etc 

The List of countries where Adultery is not crime are-  India, Brazil ,Japan ,France ,Germany etc...

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