Adultery

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Joseph Shine v. Union of India

   Supreme Court of India 27 Sep 2018 Binding (Constitution Bench) (2019) 3 SCC 39

   Court's Decision & Legal Precedent

   Adultery offence under IPC 497 struck down.

   Read the full order on eCourts India

2. W. Kalyani vs State Tr. Insp. of Police

   Supreme Court of India 01 Dec 2011 Binding (SC) Marked not reportable

   Court's Decision & Legal Precedent

   Under Section 497 of the Indian Penal Code, only a man can be prosecuted for the offence of adultery. A woman cannot be prosecuted for adultery as the section expressly provides that the wife shall not be punishable even as an abettor. The mere fact that the appellant is a woman makes her completely immune to the charge of adultery. Additionally, on the basis of the allegations made in the complaint, the charge of wrongful restraint under Section 341 IPC cannot be made out against the appellant. Therefore, criminal proceedings against a woman for adultery and wrongful restraint, when the allegations do not substantiate the charges, should be quashed.

   On this section: The Court analyzed Section 497 which deals with the offence of adultery. The Court held that the section expressly provides that only a man can be prosecuted for adultery and that the wife cannot be punished even as an abettor. The Court found that the mere fact that the appellant is a woman makes her completely immune to the charge of adultery. The Court noted that while the provision is under criticism for showing strong gender bias by making the position of a married woman almost as property of her husband, in terms of the law as it stands, the section clearly protects women from prosecutio

   Read the full order on eCourts India

3. W. Kalyani vs State Tr. Insp. of Police

   Supreme Court of India 01 Dec 2011 Binding (Supreme Court) Marked not reportable

   Court's Decision & Legal Precedent

   Under the current law as embodied in Section 497 IPC, only a man can be prosecuted for the offense of adultery. A woman cannot be prosecuted for adultery because the statute expressly uses masculine pronouns and gender-specific language ('he,' 'man') and explicitly provides that 'the wife shall not be punishable as an abettor.' Therefore, a woman accused of adultery has absolute immunity from prosecution under this provision. Additionally, mere allegations of a woman accompanying and moving freely with another woman's husband, without more, do not constitute the offense of wrongful restraint under Section 341 IPC, and such vague allegations without factual substance do not warrant continuation of criminal proceedings.

   On this section: The Court analyzed the language of Section 497 and found that it can only apply to a man and cannot be applied to a woman. The statute provides that 'Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man' shall be punished. The use of 'he' and 'man' shows the provision applies only to males. Additionally, the statute explicitly states the wife shall not be punishable even as an abettor, thereby protecting women from prosecution. The Court noted this shows strong gender bias in the law but acknowledged it must apply the law

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.