SUPREME COURT ENDS SECTION 497 & SECTION 198(2)
BACKGROUND
WHAT WAS UNDER SECTION 497 AND SECTION 198(II)
Example:
Case 1 :-
Let's suppose there is one married couple (A(Male) & B(Female)). and there is third person C(Male).
A don't know B has sexual relation with C. and C knows B is married woman.
C even after knowing that B is married to A, they are in sexual relation.
Let's suppose, after some time, A got to know that B(his wife) is in a sexual relationship between C(Third Man).
So, Husband(A) can complaint a file and get C punished under section 497, But they can't do any case on his wife(B) But they can took Divorce (if A has evidence)
Case 2 :-
Let's suppose there is one married couple (A(Male) & B(Female)). and there is third person C(Female).
and C knows A is married to B. But still C(Third woman) is in sexual relation ship with A(Man)
Let's suppose after some time, B(Married Female) got to know that her husband(A) is in sexual relationship with third woman(C).
But, She(B) can't complain a file and even can't get Either A or C Punished under section-497
So, Section 497 Law was Pro-Man.
SECTIONS IN CONTENTION
Section 497 - Under IPC(Indian Penal Code)
Section 497- gave a husband the exclusive right to prosecute his wife's lover. A similar right was not conferred on a wife to prosecute the woman with whom her husband has committed adultery.
Secondly, the provision did not confer any right on the wife to prosecute her husband for adultery.
Section 198(2) - Under the Criminal Procedure code
The Code allowed a husband to bring charges against the man with whom his wife has committed adultery.
WHAT JUST HAPPENED?
Now, Supreme court told that, if a women (B, in above Case-1) do sexual relation with her consent, Then his husband(A) can't fill a case/complaint against C (Third-Person).
Now, Supreme court end both the section 497 and section 198(2)
A five-judge constitution bench was unanimous (i.e. 5-0) in holding section 497 of the Indian Penal code, dealing with the offence of adultery, as unconstitutional and struck down the penal provision.
The bench comprising
Chief Justice Dipak Mishra
R F Nariman
A M Khanwilkar
DY Chandrachud
Indu Malhotra
They said " We declare Section 497 IPC and Section 198(2) of CrPC dealing with the prosecution of offence against marriage as unconstitutional."
HIGHLIGHTS OF THE VERDICT
CJI Dipak Mishra said adultery can be ground for divorce but not a criminal offence.
CJI Mishra & Justice Khanwilkar said mere adultery cannot be crime, but if any aggrieved spouse commits suicide because of life partner's adulterous relation , then if evidence produced , it could be treated as abetment(inciting another to commit a crime) to suicide.
The five-judge bench of the Supreme court said the 158-Years old law was unconstitutional and fell foul of Article 21 (Right to Life and Personal Liberty) and Article14(Right to Equality)
For more information, you can access below links:
https://timesofindia.indiatimes.com/india/supreme-court-strikes-down-adultery-as-an-offence-key-highlights/articleshow/65975511.cms
https://www.thehindubusinessline.com/news/sc-declares-penal-provision-on-adultery-unconstitutional/article25055821.ece
WHAT WAS UNDER SECTION 497 AND SECTION 198(II)
Example:
Case 1 :-
Let's suppose there is one married couple (A(Male) & B(Female)). and there is third person C(Male).
A don't know B has sexual relation with C. and C knows B is married woman.
C even after knowing that B is married to A, they are in sexual relation.
Let's suppose, after some time, A got to know that B(his wife) is in a sexual relationship between C(Third Man).
So, Husband(A) can complaint a file and get C punished under section 497, But they can't do any case on his wife(B) But they can took Divorce (if A has evidence)
Case 2 :-
Let's suppose there is one married couple (A(Male) & B(Female)). and there is third person C(Female).
and C knows A is married to B. But still C(Third woman) is in sexual relation ship with A(Man)
Let's suppose after some time, B(Married Female) got to know that her husband(A) is in sexual relationship with third woman(C).
But, She(B) can't complain a file and even can't get Either A or C Punished under section-497
So, Section 497 Law was Pro-Man.
SECTIONS IN CONTENTION
Section 497 - Under IPC(Indian Penal Code)
Section 497- gave a husband the exclusive right to prosecute his wife's lover. A similar right was not conferred on a wife to prosecute the woman with whom her husband has committed adultery.
Secondly, the provision did not confer any right on the wife to prosecute her husband for adultery.
Section 198(2) - Under the Criminal Procedure code
The Code allowed a husband to bring charges against the man with whom his wife has committed adultery.
WHAT JUST HAPPENED?
Now, Supreme court told that, if a women (B, in above Case-1) do sexual relation with her consent, Then his husband(A) can't fill a case/complaint against C (Third-Person).
Now, Supreme court end both the section 497 and section 198(2)
A five-judge constitution bench was unanimous (i.e. 5-0) in holding section 497 of the Indian Penal code, dealing with the offence of adultery, as unconstitutional and struck down the penal provision.
The bench comprising
Chief Justice Dipak Mishra
R F Nariman
A M Khanwilkar
DY Chandrachud
Indu Malhotra
They said " We declare Section 497 IPC and Section 198(2) of CrPC dealing with the prosecution of offence against marriage as unconstitutional."
HIGHLIGHTS OF THE VERDICT
CJI Dipak Mishra said adultery can be ground for divorce but not a criminal offence.
CJI Mishra & Justice Khanwilkar said mere adultery cannot be crime, but if any aggrieved spouse commits suicide because of life partner's adulterous relation , then if evidence produced , it could be treated as abetment(inciting another to commit a crime) to suicide.
The five-judge bench of the Supreme court said the 158-Years old law was unconstitutional and fell foul of Article 21 (Right to Life and Personal Liberty) and Article14(Right to Equality)
For more information, you can access below links:
https://timesofindia.indiatimes.com/india/supreme-court-strikes-down-adultery-as-an-offence-key-highlights/articleshow/65975511.cms
https://www.thehindubusinessline.com/news/sc-declares-penal-provision-on-adultery-unconstitutional/article25055821.ece
Above Information is as per data available in news till the date when I am posting this.
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