Extra married sex isn’t a criminal offence in India. In 1985 the supreme court said, ’it is commonly accepted that in 27.07.2018, a 5 judge bench of the supreme court unanimously struck down section 497 of the Indian Penal Code as being violative of articles 14, 15, &21 of the constitution is the man who is the seducer and not the woman, and that making the law gender-neutral would allow for a crusade by a woman against woman”. Senior Supreme Court lawyer Prashanth Bhushan termed the verdict a fine judgment that did away with an "antiquated" law. Supreme Court striking down the law under section 497 of the Indian Penal Code through a fine judgment.
October 2017, Joseph Shine, filed public interest litigation under Article 32 of the Constitution. The petition challenged the constitutionality of the offence of extramarital sex beneath Section 497 of the IPC to browse with Section 198(2) of the Crpc. married woman couldn't induce a grievance beneath Section 497 IPC once her husband engaged in sexual intercourse with an unmarried woman. This was in view of Section 198(2) of criminal procedure code which specified how a complainant can file charges for offenses committed under Sections 497 and 498 IPC.
Section 497 of the 158-year-old IPC says: "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 adultery entailed a maximum punishment of five years, or with fine, or both. A wife, on the other hand, could prosecute neither her husband nor those with whom he had engaged in extramarital affairs. Section 497 IPC that deals with extramarital sex is totally apparently absolute. Before the above case judgment, family court lawyers in India get so many cases in the subject of adultery.
On the petition challenging the validity of Section 497 (Adultery) of the Indian Penal Code (IPC), CJI Dipak Misra said, "The magnificent beauty of the democracy is I, you and we. Equality is the governing principle of a system. The husband is not the master of the wife. Women must be treated with equality. Any discrimination shall invite the wrath of the Constitution. Section 497 IPC which deals with Adultery is absolutely manifestly arbitrary."
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