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CA - M7.1
dipin@forumias.academy

law Section
.

Adultery -
497 .
IPC

→ Section 497 of the IPC which deals with

adultery has been referred
to a constitutional bench in
Joseph shine Us UOI Case .

→
Section 497 IPC

has sexual intercourse with another 's wife welkout

→ says If a man

husband 's Consent

guilty
"

the Connivance he Is of the offence

"
or
,

of adultery and shall be punished

Sc
→
judgments
→ Yusuf Abdul Aziz Us State of Bombay Cia 54 ) ,
Sc
upheld the
constitutional validity of section 497

Soumithri Vishnu vs UOI a 985 ) sc held that protection from

→ ,

to under section 497 In tune with

prosecution given a women Is

Article 156 ) of the Constitution .

C Article i5C3 ) allows the
legislature
to make special provisions which are beneficial for women q children

→ Brij Lal Bishnoi C 1996 ) case Sc ruled that only sexual Intercourse
,

with a married women would amount to

adultery .
sexual relations
with a widow , sex worker or an unmarried women would not attract

punishment

→ Concerns

→
Treats women as a property of man

→ criminalises only the man and not the women involved

→ does not allow wile to prosecute her adulterous husband
involves married
→
His
adultery only when it a women

Is contract and breach should be only Civil

→ marriage a

→ Demand
→ decriminalise adultery

→ committees
→ Law Commission in its 156Mt report recommended reforming section 497

→ Malimalh Committee 0027

@ recommended to make the law
gender
neutral and penalise anyone who commits
adultery
→ National Commission for women recommended decriminalisation

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