Adultery refers to a voluntary sexual relationship between a married person and someone other than their lawful spouse. Earlier, under Section 497 of the Indian Penal Code, 1860 (IPC), adultery was considered a criminal offence. The section stated that if a man had sexual intercourse with the wife of another man without the husband’s consent, he was guilty of adultery and punishable with imprisonment up to five years or fine, or both. However, the woman involved was not punishable as an abettor or offender. This provision was criticized for being discriminatory and patriarchal, as it treated women as the property of their husbands rather than as equal individuals under the law.
Judicial Interpretation and Constitutional Perspective
In the landmark case Joseph Shine v. Union of India (2018), the Supreme Court of India struck down Section 497 IPC as unconstitutional. The Court held that the provision violated Article 14 (Right to Equality), Article 15 (Non-discrimination on grounds of sex), and Article 21 (Right to Life and Personal Liberty) of the Constitution. The judgment recognized that adult individuals have autonomy over their personal relationships, and criminal law cannot interfere in matters of private morality. However, adultery can still be a ground for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955, and similar provisions in other personal laws.
Present Legal Status and Implications
Post the Joseph Shine decision, adultery is no longer a criminal offence in India but remains a civil wrong in matrimonial law. While it cannot result in imprisonment, it can affect matrimonial rights such as divorce, child custody, and alimony. The Supreme Court emphasized that treating adultery as a crime invades the privacy of individuals and is not necessary to protect the institution of marriage. Instead, adultery is now viewed as a personal issue to be addressed within family courts rather than through criminal prosecution. Thus, the current legal position promotes gender equality and individual freedom within marriage.
Real-Time Example
For example, suppose Mr. X, a married man, develops a consensual romantic relationship with Ms. Y, a married woman. Before 2018, Mr. X could have been prosecuted for adultery under Section 497 IPC, but Ms. Y would not have been punished. After the Joseph Shine verdict, such conduct is no longer a criminal offence, though it may serve as valid grounds for Ms. Y’s husband to file for divorce under Section 13(1)(i) of the Hindu Marriage Act, 1955. This demonstrates how adultery has shifted from being a criminal wrong to a civil ground for marital dissolution.
Mnemonic to Remember Adultery
A simple mnemonic to remember Adultery is “LOVE – Law Overturned, Valid for Exit”:
- L – Law under Section 497 IPC once made it a crime.
- O – Overturned by the Supreme Court in Joseph Shine (2018).
- V – Valid as a ground for divorce under matrimonial laws.
- E – Exit from marriage allowed through civil remedy, not punishment.
This mnemonic helps recall that adultery is no longer criminal but remains a civil basis for ending marriage.
About lawgnan
Adultery, once a criminal offence under Section 497 IPC, is now recognized as a civil ground for divorce following the Joseph Shine v. Union of India (2018) verdict. Understanding the evolution of this law helps protect individual rights and uphold gender equality. If you’re facing issues related to adultery, divorce, or matrimonial disputes, it’s essential to know your legal options. Get expert advice from qualified lawyers to navigate family law matters with confidence. To learn more about adultery laws, divorce rights, and matrimonial remedies in India, visit lawgana.in today.
