Indian Penal Code, 1860
Section 497
repealedAdultery
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.
Why this exists
The offence of adultery under this section was originally meant to protect the sanctity of marriage, but it treated a married woman as her husband's property by only punishing the outside man and requiring the husband's consent or connivance as a defence, while giving the wife no agency and no right to prosecute her husband for infidelity. In Joseph Shine v. Union of India (2018), the Supreme Court of India struck down Section 497 as unconstitutional, holding it violated the right to equality and dignity of women. It is not part of the Bharatiya Nyaya Sanhita, 2023, and adultery today is only relevant as a ground for divorce, not a criminal offence.
How courts read it
In Joseph Shine v. Union of India (2018), a five-judge bench of the Supreme Court unanimously declared Section 497 unconstitutional, holding that it discriminated based on gender, denied married women sexual autonomy, and treated them as chattel of their husbands rather than equal individuals capable of consent.
Common misconceptions
- Myth: Adultery is still a crime in India.
Fact: Section 497 was struck down by the Supreme Court in 2018 in Joseph Shine v. Union of India; adultery is no longer a criminal offence, though it can still be used as a ground for divorce.