Facts of the Case
- A engaged in sexual intercourse with B’s wife.
- The act was consensual between A and B’s wife.
- B later comes to know about the relationship and wants to initiate legal action against A.
- The core issue is whether A is criminally liable under the Indian Penal Code (IPC) for having sexual relations with another man’s wife.
Issues in the Case
- Whether A has committed any offence by having consensual sexual intercourse with B’s wife?
- Whether B can file a criminal complaint against A under any provision of the IPC?
- Whether the offence of adultery under Section 497 IPC can be invoked?
- Whether any civil remedy is available to B?
- What is the legal position after the Supreme Court decriminalized adultery?
Legal Principles Covered
A. Section 497 IPC – Adultery (Now Struck Down)
Earlier, adultery was an offence under Section 497 IPC:
- A man who had sexual intercourse with another man’s wife without the husband’s consent was punishable.
- The wife was not punishable (considered a victim).
- The maximum punishment was 5 years imprisonment.
However, the law has changed.
B. Joseph Shine v. Union of India (2018) – Historic Supreme Court Judgment
The Supreme Court held:
- Section 497 IPC is unconstitutional.
- Adultery is a civil wrong, not a criminal offence.
- No criminal case can be filed against A.
- The State cannot interfere in private consensual sexual relations between adults.
Therefore:
- B cannot file a criminal case against A for adultery.
- The offence no longer exists.
C. Civil Remedies Still Available
Though adultery is not a criminal offence, it still has consequences under civil law:
1. Divorce Proceedings – Hindu Marriage Act / Special Marriage Act
B can seek divorce on the ground of adultery.
2. Judicial Separation
B can claim separation from his wife.
3. Claim for Damages (Civil Suit for Loss of Consortium)
Indian courts allow a spouse to claim damages from the adulterer for:
- Mental agony,
- Loss of marital companionship,
- Emotional distress.
Thus, B has a civil remedy—not a criminal one.
D. Constitutional Principle – Autonomy & Privacy
SC held that personal sexual autonomy is protected under Articles 14, 15, and 21 of the Constitution.
Hence, consensual adult relationships cannot be criminalized.
Possible Judgment / Conclusion
1. No Criminal Action Against A
- B cannot prosecute A criminally, because adultery is no longer an offence after the Supreme Court judgment in Joseph Shine v. Union of India (2018).
2. B Can Take Civil Action
B may:
- File for divorce or judicial separation on the ground of adultery;
- Seek damages from A for affecting his marital relationship;
- Use adultery as a ground for custody disputes or alimony decisions.
3. Wife Not Considered Offender
Courts treat adultery as a matter affecting marriage, not criminality.
Final Conclusion
A is not criminally liable.
However, B can initiate civil proceedings, such as divorce or claim damages, since adultery remains a matrimonial wrong under personal and civil laws.
About lawgnan
Confusion often arises about the legal consequences of adultery in India after the Supreme Court struck down Section 497 IPC. If you are facing emotional and marital distress due to an extramarital relationship, you still have legal rights. Through civil remedies like divorce, judicial separation, and claims for damages, the law protects your dignity and marital interests. Lawgana.in offers expert guidance on how to approach adultery cases under matrimonial laws, including evidence, compensation, and custody considerations. Visit Lawgana.in to learn the correct legal steps and get professional assistance to safeguard your rights and future.
