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
February 2,2020

Bengaluru, Feb 2: A woman from Bengaluru lost Rs 2.8 lakh to a 'foreign friend' who promised her gifts, including gold jewellery and foreign currency.

Priya, 37, of Banashankari III Stage, told police a man named Bright Wills from England befriended her on social media in December 2019.

On December 20, Wills said he would send gold ornaments and some British pounds as gifts to celebrate their friendship and took her postal address.

“A woman claiming to be an official from the customs office, Delhi, called me on December 21. She told me there was a courier from England in my name and I should pay Rs 75,000 tow ards customs clearance. I believed her and transferred Rs 75,000 to a bank account number provided by her. On December 23, another woman called and said gold ornaments had been sent to me by courier and I had to pay Rs 2.1 lakh towards the paperwork. I transferred the money to another account number mentioned by her," Priya told police.

"On December 25, I received an email which said I should make a surety deposit of Rs 4.3 lakh within 48 hours or else the courier would be sent back to its original destination. I realised I had been cheated by Wills and others. Till now, I have paid Rs 2.8 lakh to them," she claimed.

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News Network
January 25,2020

Bengaluru, Jan 25: To address the grievances of the Industrialists, over the issue of acquisition of land, the state government have plans to dilute the Land Reforms Act, Chief Minister B S Yediyurappa, said here on Saturday.

Speaking to the media here, on his visit to the World Economic Forum, Davos, recently he said that 'the visit was fruitful and ends with satisfactory note by procuring promises from several Industrial houses to investment in Karnataka'.

Stating that during his five-day stay at Davos, he had met several Industries heads on the sidelines of the summit, and had an interactive meeting with them, Chief Minister said that 'the event had helped us to present our state Karnataka, to convince them about the prevailing industry-friendly environment'.

He said that he had met several heads of global companies, including Arcelor Mittal, Kirloskar, MAHINDRA, Bharat Forge, 2000 Watt, general electrical, Dassault, Dalmia, Lulu Group, Volvo, Nova Nosdik and Domeco.

'The interaction with the corporate heads was encouraging and more investment is expected to flow into Karnataka, in the fields of Mining, Power, Agriculture, Pharma, Education, and Industries.'

Informing that the main grouse expressed by the Industrialists about the bottlenecks being faced in the Land Reforms Act to procure land, he said that 'To make ease of conversion of Agricultural land we have plans to bring amendment and it would be both win-win situation to both Farmers as well as Industries.'

'We have promised them to remove all hurdles, which comes in the way of acquiring land to set up industries, and we have promised to rectify all the administrative problems within a month or two and legal problems in the next couple of months by amending existing laws.'

'We have also plans to present a new Industrial policy in the coming budget and roll out a comprehensive and investor-friendly law', he further said.

Replying to questions, Chief Minister said that 'all those investment proposals which got clearance at the High-Level Clearance Committee would automatically considered as ‘deemed permission’ and start the process of acquisition of land'.

'TheWorldEconomic Forum Summit had also served us as a platform to invite Industrialists to take part in the Karnataka Global Investors Meet scheduled to be held in November this year', he added.

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News Network
July 25,2020

Gokak, Jul 25: A JMFC magistrate here issued summons to the Chief minister B S Yediyurappa in relation to a complaint for the alleged violation of election code of conduct, during by-elections to the Gokak Assembly seat held last year.

According to official sources, a complaint had been registered against Chief minister B S Yediyurappa during the election campaign, under the People Representative Act, for allegedly wooing voters during electioneering.

The Gokak Police, who had investigated the case, however had submitted a 'B' report to the court letting off the Chief minister from the charges.

However the Magistrate, rejecting the Police report, had maintained that there exists prima facie case against the accused and issued summons to appear before the court on September one, the sources added.

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