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Adultery Section 497 of the Indian Penal Code IPC - Legal GK for CLAT/UPSC/Judiciary exams Video Lecture
FAQs on Adultery Section 497 of the Indian Penal Code IPC - Legal GK for CLAT/UPSC/Judiciary exams Video Lecture
| 1. What is Section 497 of the Indian Penal Code (IPC)? |  |
| 2. What are the implications of Section 497 of IPC? | |
Ans. Section 497 of IPC has been a subject of controversy as it is considered to be gender-biased. Under this provision, only men can be held liable for adultery, while women are exempted from any criminal charges, even if they are involved in a consensual extramarital relationship. This provision has been criticized for treating women as mere property of their husbands.
| 3. Can a husband file a complaint against his wife for adultery under Section 497 of IPC? | |
Ans. No, a husband cannot file a complaint against his wife for adultery under Section 497 of IPC. This provision only holds men liable for adultery, while exempting women from any criminal charges. However, a husband may file for divorce on grounds of adultery, but it would be a civil matter rather than a criminal offense.
| 4. Is Section 497 of IPC still in force in India? | |
Ans. No, Section 497 of IPC is no longer in force in India. The provision was struck down by the Supreme Court of India in 2018, deeming it unconstitutional and violative of the principles of equality and non-discrimination. The court held that treating men as offenders and women as victims in cases of adultery was against the concept of gender equality.
| 5. What is the current legal status of adultery in India after the Supreme Court's ruling? | |
Ans. After the Supreme Court's ruling striking down Section 497 of IPC, adultery is no longer a criminal offense in India. It is now considered a matter of personal choice and morality rather than a criminal act. The court emphasized that it is a private matter between adults and should be dealt with in the realm of civil law, such as divorce or matrimonial disputes.
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