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 30,2020

Mangaluru: The police team investigating the case of bomb planting at the international airport here on January 20, took suspect Aditya Rao to several places in the city where he had frequented in the past few months, police said on Wednesday.

Police had earlier recovered a box from his bank locker at Udupi that contained a white powder which he claimed was cyanide. The substance has been sent to the Forensic Science laboratory for confirmation.

On further interrogation, Rao told police that he had a locker in a bank in Mangaluru also, where he was taken. Only some papers were seen in the locker, police said. He was also taken to the room where he stayed while he was working at a hotel in Balmatta here and to a hardware workshop from where he had purchased some spare parts, they said.

A 'live' explosive device was found in an unattended bag near a ticket counter of the departure gate of the airport here on January 20, triggering a scare before it was defused at a nearby open ground.

Police had released a picture of a man captured on CCTV camera as the suspect who placed the bomb and Rao later surrendered. Meanwhile, sources said the airport authorities got an anonymous call on Monday evening that a bomb had been planted in the airport. After thorough search, it was found to be a hoax. City police commissioner P S Harsha has warned of stringent action against those who make such calls.

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News Network
March 27,2020

Bengaluru, Mar 27: With the numbers of COVID-19 optimistic instances rising at an alarming price in Karnataka, the state is on the verge of coming into stage three of the coronavirus epidemic. Which means that the virus is spreading to individuals who haven’t any journey historical past to Covid-19 affected international locations or contact with a COVID-19 optimistic individual with such a historical past.
Consequently, authorities in Karnataka expect a surge in optimistic instances within the coming days. This surge is probably going to come from pockets throughout the state which have a lot of coronavirus suspects, primarily individuals who have returned from Covid-19 affected international locations.

Within the parlance of the corona epidemic fighters, these pockets are referred to as clusters. Bengaluru is one massive cluster with many suspects, a lot of whom are IT professionals who lately returned from Europe, USA and Australia, and many others. The coastal belt is one other cluster, with suspects who’ve lately travelled to Center East. There are different clusters in Karnataka, the place suspects are those that returned after a pilgrimage to Mecca.

Medical schooling minister Ok Sudhakar admitted that the speed of enhance of COVID-19 positives in Karnataka is alarming. For over a month, the state had restricted the variety of optimistic instances to single digits. Nevertheless, within the final 4 days, the quantity has gone up sixfold and Karnataka now has 55 instances, the third largest variety of COVID-19 optimistic instances within the nation.

Dr Sudhakar stated the federal government was changing each authorities hospital right into a quarantine centre to accommodate any variety of optimistic instances.

“Our goal just isn’t to get right into a scenario like Italy, the place the federal government has been lowered to expressing helplessness. In subsequent 20 days, now we have to keep away from moving into such a scenario. I visited Chinnaswamy and Kanteerava stadiums and we’re working out if the stadiums will be transformed into quarantine centres, if warranted,” Dr Sudhakar stated.

The state police are struggling to implement the lockdown due to non-cooperation from some folks. They plan to rope in celebrities to ship throughout the message on social distancing.

Whereas some with home-quarantine seals are discovered roaming within the streets, some nonetheless assume the lockdown is a vacation.

“We’re roping in film stars in addition to sports activities personalities to give out a critical message on COVID-19. If the message goes dwelling, it could assist us management folks to a big extent,” he added.

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News Network
February 16,2020

Bengaluru, Feb 16: The Central Crime Branch has recovered blank firearms from Saddaguntepalya Police Station limits.

As of now, two persons have been arrested in this regard. They have been identified as Mohd Junaid and Mohd Tabrez. The officials have recovered 28 blank firearms and 76 blank bullets.

"The two accused -- without having any license -- were in possession of these huge number of weapons," Sandeep Patil, Joint CP, Crime, told media.

As per the preliminary investigation, there has been no record of such cases in Bengaluru. "But we are verifying if other states have any (such) case," added the Joint CP

According to investigations, it was noted that the weapons were purchased from Mumbai at an estimated cost of Rs 1 lakh per weapon.

Further investigation is currently underway.

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