IPC Section 497 – Adultery Law in India (History, Punishment & Latest Supreme Court Judgment)

IPC Section 497 was one of the most debated provisions of the Indian Penal Code. It criminalized adultery, treating it as an offence committed by a man with respect to another man’s wife. Over time, the law was criticized for being gender-biased and for treating women as the property of men.

In 2018, the Supreme Court of India declared Section 497 unconstitutional, decriminalizing adultery. However, since it existed in IPC for more than 150 years, people still search for its meaning, punishment, and current status.

Bare Act Language of IPC Section 497 (Before Striking Down)

“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.”

Meaning of IPC Section 497

• Adultery was defined as a man having sexual relations with another man’s wife without the husband’s consent.
• The wife was not punishable, only the man could be charged.
• The husband was seen as the aggrieved party, not the woman.

In simple terms, this law treated adultery as a crime against a husband’s ownership of his wife, rather than as an equal moral wrong by both partners.

Punishment under IPC Section 497 (Before 2018)

• Imprisonment up to 5 years, or
• Fine, or
• Both.

Note: Only the man could be punished — the woman involved was not considered guilty.

Criticism of IPC Section 497

1. Gender Bias – Only men could be punished, women had no liability.
2. Husband’s Consent – If the husband consented, the act was not a crime.
3. Violation of Equality – Treated women as property of husbands.
4. Outdated Morality – Law was based on Victorian morality, not modern values.

Supreme Court Judgment – Joseph Shine vs Union of India (2018)

• A five-judge Constitution Bench (CJI Dipak Misra, Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud, Indu Malhotra) delivered a unanimous verdict.
• Key Observations:
  • Section 497 violated Articles 14, 15, and 21 of the Constitution (equality, non-discrimination, personal liberty).
  • Adultery can be a civil wrong (ground for divorce), but not a criminal offence.
  • Women are not property of their husbands; they are equal citizens.
• Result: Section 497 IPC was struck down as unconstitutional.

Current Legal Position (After 2018)

• Adultery is no longer a crime in India.
• However, adultery is still a valid ground for divorce under:
  • Hindu Marriage Act, 1955
  • Special Marriage Act, 1954
  • Indian Divorce Act (for Christians)
  • Muslim law principles

So, while no one can be jailed for adultery, it can still affect marital rights, child custody, and alimony.

Relation with Bharatiya Nyaya Sanhita (BNS), 2023

• The new Bharatiya Nyaya Sanhita (BNS) has not reintroduced adultery as a crime.
• The offence under Section 497 IPC no longer exists in the new criminal code.

Important Case Laws

1. Yusuf Abdul Aziz v. State of Bombay (1954) – SC upheld Section 497’s constitutionality then, saying women were protected, not discriminated.
2. Sowmithri Vishnu v. Union of India (1985) – Petition rejected; adultery law upheld at that time.
3. V. Revathi v. Union of India (1988) – Court said law promoted “social good.”
4. Joseph Shine v. Union of India (2018) – Section 497 struck down as unconstitutional.

FAQs on IPC Section 497

Q1: Is adultery still a crime under IPC?
Ans: No. The Supreme Court struck down IPC Section 497 in 2018.

Q2: Can adultery be a ground for divorce in India?
Ans: Yes. Adultery remains a valid ground for divorce under various personal laws.

Q3: Can a husband file a criminal case for adultery today?
Ans: No. Only a civil case for divorce can be filed.

Q4: Does Bharatiya Nyaya Sanhita have a section on adultery?
Ans: No. BNS has not included adultery as a criminal offence.

Q5: Why was Section 497 removed?
Ans: It was discriminatory, violated equality, and treated women as property.

Conclusion

IPC Section 497 was once the law against adultery in India, punishing only men while exempting women. It reflected outdated notions of marriage and gender. In 2018, the Supreme Court declared it unconstitutional, making adultery no longer a crime but still a ground for divorce.

For ordinary citizens, this means adultery will not lead to jail time, but it can still have serious consequences in family courts.