Adultery Remains A Punishable Offence, Centre Tells Supreme Court And We All Agree With Reason

12:16 pm 13 Jul, 2018


A married relationship is based on quite a lot of factors. From love to understanding, the commitment in a marriage depends on certain aspects that have to be fulfilled from both the man and woman in the marriage. However, there come times when the married couple faces problems and either one of the spouses ends up in an act of adultery that ruins the bonds of a married relationship.

Apparently, Section 497 under the Indian law defines adultery as:

“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.”


Under the present act, the crime of adultery is only applicable to the men who make sexual relationships with women who aren’t their wives.

Incidentally, a petition was filed by a citizen named Joseph Shine challenging the constitutional validity of Section 497 of the Indian Penal Code and the section 198(2) of the Criminal Procedural Code and seeking to drop both the sections as criminal offense from the constitution. Furthermore, The PIL also suggested that both man and woman should be equally held liable for the adultery in the married relationship.



In the ruling of the case that happened on July 11, the Central government told the Supreme Court that it will not repeal adultery as an offense in the IPC Section 497 and oppose the plea to make women and men equally liable for the crime of adultery. In defense of the ruling, Center said, “Section 497 supports, safeguards and protects the institution of marriage.”



Moreover, the Supreme Court claimed that removing the Section 497 of IPC will erode the sanctity of the institution of marriage in India. The apex court said that the dilution of safeguard can result in the destruction of a married relationship.



Incidentally, the Chief Justice of India also perceived that it was time to look at the perspectives of the rights of women from the different point of views.

Well, social media users too have given their opinions to the judgment. Take a look:




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