Section 497: Adultery

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As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Joseph Shine v. Union of India (2018)The Constitution Bench unanimously struck down Section 497 IPC, which made adultery an offence, as violating Articles 14, 15 and 21, held Section 198 CrPC invalid in relation to adultery, and overruled Sowmithri Vishnu and V. Revathi.
• Yusuf Abdul Aziz v. State of Bombay (1954)The last sentence of Section 497 IPC, which exempts the wife from punishment as an abettor of adultery, is a special provision for women saved by Article 15(3) and does not violate Articles 14 and 15.

Questions on this section

7 questions in 8 of our papers cite Section 497. Try these from the free papers:

1. 1. Which of the following correctly states the holding in Joseph Shine v. Union of India (2018)?

   A.Section 497 IPC is unconstitutional, and adultery can no longer be a ground for the dissolution of a marriageB.Section 497 IPC is unconstitutional, though adultery may still be a ground for civil wrongs like divorceC.Section 497 IPC is valid, being a special provision for women protected by Article 15(3)D.Section 497 IPC is valid, but the wife can also now be prosecuted as an abettor of the offence
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2. 2. In Joseph Shine v. Union of India (2018), a Constitution Bench of the Supreme Court

   A.struck down Section 497 IPC, which made adultery an offence, as unconstitutionalB.held that adultery can no longer be a ground for divorceC.upheld Section 497 IPC but permitted the wife to file a complaintD.made Section 497 IPC gender-neutral so that a wife could also be prosecuted
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