Adultery no more a crime; husband is not the master of his wife: Supreme Court

News Network
September 27, 2018

New Delhi, Sept 27: In a historic judgement, the Supreme Court of India on Thursday struck down Section 497 of the Indian Penal Code that made adultery a criminal offence.

A five-judge Constitution bench of the Supreme Court comprising Chief Justice Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra was unanimous in its judgement that held Section 497 as unconstitutional. While holding that adultery is manifestly arbitrary, the court said the act can be a ground for divorce and a person will have civil remedies for it.

The CJI and Justice Khanwilkar said, "We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional".

Reading out his part of the judgement, CJI Misra, who retires early next month, said mere adultery cannot be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the Indian Penal Code.

Adultery law verdict - Highlights

“Equality is the governing principle of a system. Husband is not the master of the wife,” the CJI said, adding “the magnificent beauty of the democracy is I, you and we”.

The Chief Justice noted that an unhappy marriage might not be a result of adultery but vice versa. He pointed out that adultery is not a criminal offence in countries like China, Japan and Australia.

Justice Indu Malhotra described Section 497 as “a clear violation of fundamental rights granted in the Constitution”. There is no justification for the continuation of Section 497 of IPC, she concurred.

Justice Chandrachud, on his part, said Section 497 is denial of substance of equality as it imposes “a condition on the sexuality of women by making adultery as an offence.” He held the law as a “relic of the past”.

Justice RF Nariman, meanwhile, termed Section 497 dealing with adultery as an archaic law. He concurred with the CJI and Justice Khanwilkar, describing the penal provision under the law as violative of the rights to equality and equal opportunity to women.

Section 497 of the IPC read: "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."

Comments

sam
 - 
Thursday, 27 Sep 2018

Ohhh....whats going on in india under name of democracy....

Ramprasad
 - 
Thursday, 27 Sep 2018

Strange. SC promoting adultery

Unknown
 - 
Thursday, 27 Sep 2018

Soon rape will be legalised.. 

Kumar
 - 
Thursday, 27 Sep 2018

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US. 

Danish
 - 
Thursday, 27 Sep 2018

Rubbish. What is the point in marriage

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News Network
January 20,2020

Varanasi, Jan 20: An FIR has been lodged against unidentified persons for a controversial hoarding near the Varanasi railway station. It is worth mentioning here that Prime Minister Narendra Modi himself is the MP of Varanasi Lok Sabha constituency.

The hoarding near the Englishiya Line crossing read, "Hindu dharma mein ghar vapasi karo... CAA, NRC se chhutkara pao (Get rid of CAA, NRC by converting to Hinduism)".

Inspector Ashutosh Ojha said that the FIR under section 295 A and 505 of IPC has been lodged.

"Investigation has been launched in the case and those involved in putting up the hoarding would be identified soon," he added.

According to sources, a lesser known outfit, Hindu Samaj Party, had placed the hoarding on the busy road.

The outfit's state Vice President Roshan Pandey had made a video viral on social media with his message in which he claimed to have put up the hoarding in response to the protest being staged at Shaheen Bagh, New Delhi.

The hoarding, which also has photographs of some Muslim women wearing saffron pagdi, was removed by the police late Saturday evening.

It came up at a time when Chief Minister Yogi Adityanath, Union Minister Smriti Irani and other leaders were in Varanasi to address a rally in support of the Citizenship Amendment Act at the Sampurnanand Sanskrit University.

Pandey, along with his supporters, had also tried to stage a sit-in at Lanka to give a call for marching to Shaheen Bagh in Delhi but was prevented by the police.

They were taken in custody and were later released following initial interrogation, said inspector Lanka, Bharat Bhushan.

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News Network
February 23,2020

Madikeri, Feb 23: Back-to-back floods and landslides in the last two years, has led to a fall in the number of tourists coming to the coffee-growing region of Kodagu, forcing the district administration to intervene and take confidence-building measures, telling tourists that Kodagu was safe to visit.

According to the statistics of the Karnataka State Tourism Department, Kodagu recorded a moderately good number of tourists in 2018 and 2019, the years that the district witnessed devastating floods and landslides.

The Department’s statistics reveal that 17 lakh tourists visited Kodagu in 2018 and 18 lakh in 2019. This means the flood-ravaged years did attract tourists contrary to what the stakeholders had claimed.

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News Network
February 14,2020

Bengaluru, Feb 14: Bengaluru Police on Friday said that it has busted a gang engaged in e-commerce fraud over the online marketplace who were involved in 200 of the 316 cheating cases registered last year.

"We registered 316 cases for cheating through online marketplaces last year. We have busted a gang operating from Rajasthan's Bharatpur and arrested 5 people. They are responsible for 200 out of 316 cases. We are questioning the accused," Bhaskar Rao, Commissioner of Police, Bengaluru told reporters here.

Explaining their modus operandi, the Police Commissioner said, "There were fictitious buyers and sellers on the online marketplace. These people used to call up prospective buyers and sellers. The products that were shown were two-wheelers, four-wheelers, electronic items and furniture."

"People used to send their money to these fraudsters using their QR code. The fraudsters were operating from Bharatpur in Rajasthan. A police team of 15 was sent to the place from where they were operating. Rajasthan police gave us full cooperation and we were able to arrest five persons," he added.

Rao said that these fraudsters had an idea about the loopholes in the e-commerce sector and exploited them.
"Some of those arrested were employed in the e-commerce and banking business and they had an idea about the loopholes in this sector," he said.

"We warn the citizens to ensure that they verify the antecedents of the buyers and sellers in this sector before spending money on these platforms," he added.

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