IPC Section 497 dealt with the offence of adultery under the Indian Penal Code, 1860. Earlier, it made certain extramarital sexual relationships a criminal offence and allowed punishment of up to 5 years with fine. However, the Supreme Court struck down IPC Section 497 in 2018, and adultery is no longer a criminal offence in India.
Detailed Explanation
IPC Section 497 was one of the provisions under the Indian Penal Code, 1860 relating to offences against marriage.
Under the old law, a man could be punished if he had sexual intercourse with a married woman without the consent or approval of her husband, provided the act did not amount to rape. The woman herself could not be prosecuted under this section.
Over time, this provision received criticism because it treated women differently and linked the offence to the husband’s consent rather than the woman’s independent choice.
In 2018, the Supreme Court of India in the landmark case of Joseph Shine v. Union of India declared Section 497 unconstitutional and removed adultery from criminal law. The Court held that marriage does not take away personal dignity, equality, or autonomy.
Today, adultery may affect matrimonial rights, but it does not lead to criminal punishment.
What Did IPC Section 497 Earlier Provide?
| Point | Explanation |
|---|---|
| Section | IPC Section 497 |
| Subject | Adultery |
| Punishment (old law) | Up to 5 years imprisonment, or fine, or both |
| Who could be prosecuted | Only the man involved |
| Status today | Struck down by Supreme Court |
| Criminal offence today | No |
Practical Example
Suppose a married woman and another adult man voluntarily entered into a relationship.
Earlier, under IPC Section 497, the husband could file a criminal complaint against the man.
Today, such conduct does not create criminal liability under Indian criminal law, although it may become relevant in divorce or matrimonial proceedings.
Common Misunderstanding About IPC Section 497
Many people believe that because adultery is not a crime, there are no legal consequences.
That is incorrect.
Adultery can still have consequences under family and matrimonial laws, including:
- Divorce proceedings
- Child custody disputes
- Maintenance-related issues depending on facts
- Matrimonial litigation under personal laws
However, police cannot register a new criminal case only for adultery.
Key Points / Important Facts
- IPC Section 497 earlier criminalised adultery.
- The offence applied only to men under the old provision.
- Women were not punishable under this section.
- The Supreme Court struck down Section 497 in 2018.
- Adultery is no longer a criminal offence in India.
- Adultery may still be used as a ground for divorce.
- No equivalent criminal provision exists under the new criminal laws.
Legal Provision or Section
Act Name: Indian Penal Code, 1860
Section: Section 497 – Adultery
Old legal position:
Section 497 provided punishment of imprisonment up to 5 years, or fine, or both for adultery in specified circumstances.
Current Legal Status:
The Supreme Court in Joseph Shine v. Union of India (2018) declared IPC Section 497 unconstitutional. Later, the Bharatiya Nyaya Sanhita, 2023 did not include any replacement provision for adultery. Therefore, adultery remains decriminalised in India.
Conclusion
IPC Section 497 was the old adultery law under the Indian Penal Code. It earlier imposed criminal punishment in certain marital situations, but that position has changed. Today, adultery is not a criminal offence in India, though it may still affect divorce and family-related legal proceedings. Understanding IPC Section 497 helps readers distinguish between criminal liability and matrimonial consequences.
Sources & References
- India Code – Indian Penal Code, 1860
- India Code – Bharatiya Nyaya Sanhita, 2023
- Legislative Department, Government of India
Explore Question Categories
Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.