Adultery is not a crime, Section 497 of IPC unconstitutional: SC
Mere adultery can't be a crime unless it attracts the scope of Section 306 (abetment to suicide) of the IPC, the Supreme Court said on Thursday. " Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence," the apex court said. On the petition challenging the validity of Section 497 (Adultery) of the Indian Penal Code (IPC), CJI Dipak Misra said, "The magnificent beauty of the democracy is I, you and we. Equality is the governing principle of a system. Husband is not the master of the wife. Women must be treated with equality. Any discrimination shall invite the wrath of Constitution. Section 497 IPC which deals with Adultery is absolutely manifestly arbitrary." What the Judges said: Justice D Y Chandrachud says Section 497 destroys and deprives women of dignity Justice R F Nariman terms Section 497 dealing with adultery as archaic law We declare Sect 497 IPC and Sec 198 CrPC dealin...