27 sep : news express 24 :-
The Supreme Court has given a historic judgment to cancel Section 497 of the offense of adultery. The Supreme Court has said that the husband is not the wife of the wife. Abuse can not be a crime. However, if a person commits suicide by marrying a spouse, it is a crime of motivating self-interest, the court said.
Section 497 (Adultery) of the Indian Penal Code (IPC) is unconstitutional: Chief Justice of India, Dipak Misra pic.twitter.com/gRDrl3TpWy
— ANI (@ANI) September 27, 2018
Non-resident Indian, Joe Schain, challenged the validity of Section 497 by advocate Suwidut Sundaram. This includes section 119 of the Criminal Penal Code (2). They demanded that women should be treated at the same level as only adultery should be punished and punished by men. On January 1, the three-member bench of Chief Justice of the Supreme Court Deepak Misra gave this public petition to the court for hearing. Section 497 of the three sections, 1954, 1985 and 1988, were declared valid.
Supreme Court in its majority judgement says "adultery not a crime" pic.twitter.com/8PvDOMwVId
— ANI (@ANI) September 27, 2018
The apex court, headed by Chief Justice Deepak Mishra, decided on the petition on Thursday. Justice AM Khanvilkar, Justice R.P. Nariman, Justice DY Chandrachud, Justice Indu Malhotra was involved in the constitution. The Supreme Court decides to abolish section 497 of IPC, which prohibits adultery. The court said that adultery can be considered as a reason for divorce but it is not a crime. In most of the countries of the world, penal offenders have been canceled. The court said that this section of the Indian Penal Code is unconstitutional.
What was the present?
According to Section 497 of the Indian Penal Code, if a person is sexually connected to a woman of another man without his consent, then he is not raped, it is a crime of adultery. It is punishable with imprisonment for five years, or both, but in the case of a woman who has sex with her, she is not convicted or punished. It only leads to adultery by having sexual relations with a married woman. The Delhi High Court has clarified in the suit the State Government (1996) against Bridges Lal, that this section does not apply to widows, prostitutes or unmarried women.
