Section 497 ipc. What is Section 497 IPC 2022-10-02
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Section 497 of the Indian Penal Code (IPC) is a law that deals with the offense of adultery. Adultery is defined as voluntary sexual intercourse between a married person and someone other than their legal spouse. This offense is punishable by imprisonment of up to five years, or with a fine, or with both.
The provision of section 497 IPC has been controversial and has faced criticism for being discriminatory against women. Under the law, only a man can be punished for committing adultery, while a woman is considered as the victim and is not punishable. This means that a woman cannot be charged with adultery, even if she is willingly involved in a sexual relationship with a married man. This has been seen as a gender bias, as it holds women to a different standard and does not treat them as equally responsible for the offense.
Another criticism of section 497 IPC is that it does not recognize the agency of women and treats them as passive objects. The provision allows a man to file a complaint against his wife's alleged lover, but does not allow a woman to file a complaint against her husband's alleged lover. This reinforces the notion that women do not have control over their own actions and are dependent on men.
There have been efforts to reform the provision of section 497 IPC to make it more gender-neutral and to recognize the agency of women. In 2018, the Supreme Court of India struck down section 497 IPC as unconstitutional and discriminatory against women. The court held that the provision was violative of the right to equality under the Indian Constitution, and that it treated women as "chattel" and "property" of their husbands. The court also observed that the provision was based on outdated notions of marriage and did not reflect the realities of modern society.
In conclusion, section 497 IPC is a controversial provision that has been criticized for its gender bias and lack of recognition of the agency of women. While efforts have been made to reform the law, it remains to be seen how these reforms will be implemented and whether they will effectively address the issues with the provision.
What is Section 497 IPC
Also, the law allows only the aggrieved husband of the adulterous woman to complain, and not the wife whose husband is cheating on her. The law had come under sharp criticism for treating women as possession of men. This law was made because the male dominated the society back then. We will see in this Article how Section 497 of IPC was a violation of Constitutional provisions and how it affected the individuality of a woman. I look forward to hearing from you.
[Burning Issue] Adultery Law: Section 497 of the IPC
The present case focuses on the fact that Section 497 does not provide any provisions for providing relief to a wife whose rights have been violated in a marriage. As long as it is not a rape and the sexual intercourse is with the consent of both the parties, it is a punishable offence and imprisonment of up to 5 years or more, or he might be punished by the imposition of fine or both. What is IPC Section 497? Therefore, it should be up to the discretion of the husband and wife as to whether they want to penalise the other spouse in case they enter into an adulterous relationship or not. On the other hand, if the husband had knowledge or if he had consented to the act of sexual intercourse to be performed by an other man with his wife, then such act does not amount to the offence of adultery. Therefore, a provision for punishing the husband for indulging in sexual intercourse was pointless since the man could eventually marry the woman with whom he had sexual relations.
The Supreme Court struck down the adultery law under Section 497 IPC : Is it justified
It was only in 1955 that Hindu Marriage Act came into existence and mentioned Adultery as a ground for divorce. Freedom cannot be achieved unless women have been emancipated from all kinds of oppression. All the judges agreed that a woman has the right to individual choice, bodily integrity and personal autonomy in the context of family and home. I am living in the country since last 4 years and i am currently a New Zealand resident visa holder which allows me to stay here forever but i hold Indian passport at the moment. Stability of marriages is not an ideal to be scorned.
Yes IPC Section 497 is a What is the punishment for the IPC 497 Case? The PIL also seeks reconsideration of three earlier SC judgments upholding the existing provision by holding woman as a victim and a declaration as unconstitutional Section 497 of the IPC and Section 198 2 of the CrPC. An Italy-based Indian businessman Joseph Shine from Kerala, filed a Public Interest Litigation challenging IPC Section 497 contended that the law is discriminatory. How this law was struck down is discussed ahead, but before that we should see the how it all began. Indian Penal Code IPC Section 497 PDF IPC Section 497 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. However, over the past years, the husband was mentally abusing to the wife. You can click on this link and join: Follow us onÂ.
The bench that pronounced the recent judgment consisted of five judges including the Chief Justice Dipak Misra, and Justices R F Nariman, A M Khanwilkar, DY Chandrachud and Indu Malhotra. This would deter the man from indulging in sexual relations with the woman other than his wife. The Supreme Court finally held that this section violates the fundamental right, Article 21 of the Constitution of India which mentions about Right to Life and Personal Liberty and Article 14 which mentions about Right to Equality. Section 497 does not enable a woman to file a complaint against her husband when he has had sexual intercourse with another woman. Further, if the husband of the woman gives his consent for sexual intercourse with another man, no offence lies.
In such case the wife shall be punishable as an abettor. Thus, Section burdens man alone for the offence and grants immunity to wife by treating her as a victim according to prevalent social norms. It was argued that clause 3 should be confined to provisions which are beneficial to women and cannot be used to give them a licence to commit and abet crimes. In the meantime, please let me know if I can be of any further assistance. However, things changed after the advent of Hindu Marriage Code in 1955 under which a Hindu man could marry only one woman. Is after getting divorce decree on ground of adultery and mental cruelty from court an ex husband can file complaint of adultery against paramour of their ex wife on the basis of divorce decree in which judge has clearly mentioned that wife has committed adultery with paramour? This law was seeming unfair to the men.
What is Section 497 IPC? Know India's adultery law and why has it been challenged
The MHA had further said the Law Commission currently examining the issues had identified certain focus areas and formed sub-groups to deliberate on several aspects of the matter. This is, however, one perspective of looking at this provision. Now husband threatens, that if she files for divorce, husband will file under 497 against both her and the man respondentB. Therefore, in order to protect the institution of marriage and prevent its breakdown, adultery was enacted as a ground for divorce. I have been married for 8 years but we were not so close as my husband were posted in lucknow.
As proof Husband has public photos, but not of close nature , and also proof that wife and the respondent-B traveled and checked into hotel together. The court said it wondered how such a provision was permitted that overlooked the offence of adultery when a married man had sex with another married woman with the consent or connivance of her husband. Union of India, 1988 — The Court, similar to the above mentioned cases, held that Section 497 IPC is constitutional and valid. A woman can't be asked to think the way society desires. X finds out about this affair and collects evidence of this. Her say has no importance here. To initiate these proceedings, you will need to file a complaint with the Magistrate of appropriate jurisdiction and present all the evidence which you possess.