Indian Penal Code, 1860
Adultery.—
Section
497
Punishment
Imprisonment up to Five Year(s) + Fine
Cognizable
Cognizable
Bailable
Non-bailable
Compoundable
Non-Compoundable (Refer to CrPC 320 for exceptions)
Trial Court
Magistrate First Class
Bare Act Text
497. Adultery.—
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.[In Joseph Shine v. Union of India (2018), the Court held adultery as defined under Section 497 of the IPC as being manifestly arbitrary, discriminatory and violative of the dignity of a woman and therefore, unconstitutional. Section 497 is considered as the wife’s encroachment on her right to life and personal liberty by accepting the notion of marriage which overthrows the true equality. “Equality is overthrown by adopting the sanctions of penal code to a gender-based approach to the relationship of man and woman. Sexual autonomy falls within the area of personal liberty under Article 21 of Constitution of India. Trust and respect are two essentials of a marriage. When both the spouses respect each other with equality and dignity then only the respect for sexual autonomy is established.” This section denies the substantive equality as it provides that women are not able to give her free consent for the sexual acts in a legal order which considers them as a sexual property of their spouse. Therefore, section 497 is violative of Article 14 of the Indian Constitution and it also violates the non-discrimination clause of Article 15 of the Constitution of India. This section also lays strong emphasis on the consent of the husband which leads to the subordination of women. Hence, it clearly violates Article 21 of the Constitution of India. As a result of all the discussion it was declared that:Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution.Section 198(2) of the CrPC. which contains the procedure for prosecution under Chapter XX of the I.P.C. shall be unconstitutional only to the extent that it is applicable to the offence of Adultery under Section 497.(https:privacylibrary.ccgnlud.org/case/joseph-shine-vs-union-of-india, https:indiankanoon.org/doc/42184625/)]
What is IPC Section 497 ?
According to the official bare act, this legal offense is defined as: 497. Adultery.—
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.[In Joseph Shine v. Union of India (2018), the Court held adultery as defined under Section 497 of the IPC as being manifestly arbitrary, discriminatory and violative of the dignity of a woman and therefore, unconstitutional. Section 497 is considered as the wife's encroachment on her right to life and personal liberty by accepting the notion of marriage which overthrows the true equality. “Equality is overthrown by adopting the sanctions of penal code to a gender-based approach to the relationship of man and woman. Sexual autonomy falls within the area of personal liberty under Article 21 of Constitution of India. Trust and respect are two essentials of a marriage. When both the spouses respect each other with equality and dignity then only the respect for sexual autonomy is established.” This section denies the substantive equality as it provides that women are not able to give her free consent for the sexual acts in a legal order which considers them as a sexual property of their spouse. Therefore, section 497 is violative of Article 14 of the Indian Constitution and it also violates the non-discrimination clause of Article 15 of the Constitution of India. This section also lays strong emphasis on the consent of the husband which leads to the subordination of women. Hence, it clearly violates Article 21 of the Constitution of India. As a result of all the discussion it was declared that:Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution.Section 198(2) of the CrPC. which contains the procedure for prosecution under Chapter XX of the I.P.C. shall be unconstitutional only to the extent that it is applicable to the offence of Adultery under Section 497.(https:privacylibrary.ccgnlud.org/case/joseph-shine-vs-union-of-india, https:indiankanoon.org/doc/42184625/)]
What is the punishment for Dhara 497 ?
The punishment for this specific offense is outlined under the law as: Imprisonment up to Five Year(s) + Fine
Is IPC 497 bailable or non-bailable?
Under the Indian Penal Code, this specific offense is classified as a Non-bailable offense.
Is Dhara 497 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try IPC 497 cases?
Cases pertaining to this specific IPC section are triable by the Magistrate First Class.
Can IPC Section 497 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).
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