IPC 497 – Adultery recent Development

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IPC 497 – Adultery recent Development

Dr. G.Singh



Most important thing for a civilized society is rules or law. Law exist for every society all over the word and it exist from the begning. I can not claim about the time when human was just an animal and he was in forests but as soon as human started forming societies he drafted rules for their members. It may possible that at different time drafted rules was different but they exist.

As long as I can remember the ramayan yug was also based on law, it is true the governing authority and passing of laws was different but it exist in certain form.

It may not be important that how rules or law formed but it is important that law should be in a shape which is suitable to punish criminals without differentiating between members. What I want to say is law should be equal for every member without knwing about relegion/cast/gender etc of accused.

Yes India has almost similar approach, we have a lady with blind eye as symbol of justice. Which says law is equal for everyone and it can not differentiate between members. But it is truly implimented ?

People may have different views on this but my view is the symbol used for justice is never implimented truly. When and wherever emotion will be considered as basic for justice, injustice will be there inbuild. It may possible that people don’t see it in time or they ignore it delibratly but injustice is injustice.

Although there are many example but IPC 497 is recent example for this injustice. When and How the section was passed that is not important (although information can be searched in google) but what is important is its content.

I remember a story.










Another example of section where law maker did injustice toward men or they failed to provide justice to men just because they wanted to save one gender from punishment. Yes I am talking about IPC 497. In this section soul of justice was killed.

IPC 497 in original form was drafted to punish men (a specific gender) without worrying whose fault was. That way the soul of justice was killed. Because the law was gender biased.

Recently the biased nature was challenged in SC, motive was to make it gender neutral so that men and women both can be punished for the crime. And SC of India take action on the biased Law and at place of making in Gender Neutral the section itself is removed from Law. SC of India said physical relation between men & women are not criminal offense therefore none can be punished. Although still adultery can be used to apply for Divorce.

Different people have different opinion about the development. Some people are happy with the ruling and some other saying it is attack on the institution of Marriage. There are other view too, but I am just focusing on men and his future (not because I am against women but there are many more resources available for women).

Personally I believe marriage is CIVIL in nature and the offenses related to handled in CIVIL manner. So the adultery too.

But This is true when we are having this as a basic rule. Unfortunately we Indians are habitual of making Marriage and related offenses as Criminal, specially when it is about men. Just for example recently SC of India declared ‘Instant Triple Talak’ and immediately Govt declared it a criminal & punishable offense. We Indian do not consider Marriage as Civil but we assume it as Criminal. So how recent development going to affect men ?

SC says ‘women can’t be treated as subordinates’, Section 497 IPC ‘deprives women of dignity’, hence ‘Adultery’ decriminalized and held, unconstitutional!

Now if Wife commits adultery, and the husband looks for some remedy, he has NIL!

Till yesterday too, the husband could have prosecuted wife paramour only u/s 497 IPC, as the wife had immunity against it and couldn’t have been prosecuted for adultery earlier too. Now even paramour is free from any prosecution!

Apart from that, by virtue of decriminalization of 497 IPC, asking your wife to leave adultery or not to sleep around with anyone will also be treated as Domestic Violence against wife!

If the husband do not like or cooperate with wife’s adulterous behaviour, he should be ready to be prosecuted for having commited cruelty against wife!

Husband can no doubt seek civil remedy like Divorce or Judicial Separation from Family Court, making adultery a ground, BUT for that too court will demand irrebuttable, reliable and concrete evidence to prove adultery, any good evidence like virtually a blue film, which in itself is a herculean task!

Now, if Husband commits adultery, he can very well be prosecuted with the full package of all the existing gender biased laws!

Most importantly, with the observation ‘that mere adultery cannot be a crime, but if any aggrieved spouse commits suicide because of life partner’s adulterous relation, then if evidence produced, it could be treated as an abetment to suicide’, as reported by SCC; is the Hon’ble Supreme Court trying to suggest that suicide is the only option left for the aggrieved spouse to prosecute the adulterous partner?

suicide is the only option left for the aggrieved spouse (husband) to prosecute the adulterous partner