What is Section 497 IPC? Adultery (Struck Down by Supreme Court)
Published on: Lawiz Team
Learn about Section 497 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever has sexual 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 sexual intercourse not amounting to the offence of rape,is guilty of the offence of adultery, and shall be punished with imprisonment of either description 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.
Note: Section 497 IPC was struck down by the Supreme Court of India in 2018 (Joseph Shine vs. Union of India) as being unconstitutional for violating the right to equality (Article 14) and right to personal liberty (Article 21) under the Constitution of India.
What This IPC Section Means – Explained in Simple Words
Section 497 previously punished a man who had sexual relations with a married woman without the consent of her husband. The section has been declared unconstitutional by the Supreme Court in 2018.
Purpose
Initially, to protect the sanctity of marriage by penalizing extramarital affairs. However, it was criticized for being discriminatory against women.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section was declared unconstitutional and struck down by the Supreme Court of India in 2018).
Current Status
This section has been declared unconstitutional and repealed by the Supreme Court of India in 2018 (Joseph Shine v. Union of India).
Illustrative Example
If a man had relations with a married woman without her husband's consent, he could be punished under the old Section 497. This is no longer applicable.
Related Sections
Related to Section 498 (Enticing a married woman).
Important Note
Adultery is now treated as a civil matter, not a criminal offence in India.
FAQs
What does Section 497 IPC define?
Adultery (Struck down by Supreme Court).
How is 'Adultery (Struck down by Supreme Court)' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 497 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 497?
Examples include real-life cases involving adultery (struck down by supreme court).
Is Section 497 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 497 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 497 significant?
It holds importance in the framework of criminal law.