Section 497 - ABOLISHED

Section 497 in The Indian Penal Code

Adultery - 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, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

The Supreme Court on 27th September declared it as unconstitutional the penal provision on adultery, saying it was manifestly arbitrary and dents the individuality of women.

The problem with Section 497 is that it considered women as the victim of the offence and as 'property' of her husband. It was not of any problem if the husband had intercourse with an woman after getting her husband's consent.

After declaring the section as unconstitutional the jail term of 5 years has been abolished. However adultery will continue to stand as a reason for divorce. Allowing it to be a reason for divorce, it gives the couple a chance to decide whether to continue with the dent in their marriage or seek for separation. This glorifies the view that punishment cannot build commitment in a relationship.

However if one of the partners commit suicide due to the adulterous nature of their partner, the culprit could be proceeded against criminal offence of abetting suicide.

Section 497 treated a married woman as a commodity of her husband and abolishing Section 497 allows the couple to deal with their private life in their own way.

Adultery still holds as a crime in Afghanistan, Bangladesh, Pakistan, Iran, UAE, Egypt and Congo. Adultery is not considered as a crime in China, Japan, Brazil, Australia, Germany and South Korea.