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SECTION 497 IPC - Indian Penal Code - Adultery
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
IPC 497 in Simple Words
If someone has sexual intercourse with a married woman without her husband's consent, it is considered adultery and can be punished with imprisonment for up to five years, a fine, or both; the wife will not be punished as an abettor in this case.
Cited by
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Adultery | 5 Years or Fine or Both | Non-Cognizable | Bailable | Magistrate First Class |
Offence : Adultery
Punishment : 5 Years or Fine or Both
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
The section 497 IPC criminalised the act of adultery: It imposed guilt on any man who has sexual relations with another man's spouse. Adultery is punishable by a maximum of five years in prison. Women were however exempt from prosecution.
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Frequently Asked Questions
Why was Section 497 removed?
The Bench found that Section 497 violated Articles 14, 15 and 21 of Constitution (which protect fundamental rights to equal treatment, non-discrimination and life, respectively). The court emphasized the autonomy of women, as an aspect of human dignity. 17 Nov 2023
What is the update on Section 497?
In 2018, the Supreme Court decriminalised Adultery. The parliamentary standing committee for home affairs, in its report on Bharatiya Nyaya Sanhita (which seeks to replace IPC), noted that the Supreme Court had struck down section 497 of IPC because it violated articles 14, 15, and 21, of the Constitution. 14 Nov 2023
What is the Supreme Court decision on Section 497?
This decision overturned several previous judgements that upheld the criminalization for adultery. The Court ruled that Section 497 is archaic, and therefore unconstitutional. It strips a woman's autonomy, dignity and privacy.
