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 dealing with prosecution of offences
against marriage as unconstitutional: CJI & Justice Khanwilkar
Nariman
concurs with CJI, Justice Khanwilkar and says Section 497 is violative of right
to equality and right to equal opportunity to women Read
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