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The 

Supreme Court on Thursday struck down as unconstitutional the 158-year-old


Section 497 of IPC that punished a married man for the offence of adultery if he had
sexual relations with a married woman "without the consent or connivance of her
husband", but said adultery could continue to be a ground for divorce.
Overview of Section 497 of IPC
Section 497 of IPC says it is a punishable offense for a man to have sexual
intercourse with a married woman without the consent of her husband. The
man committing such an offense can be imprisoned for five years or more
and can also be asked to pay a fine.

Understanding ‘adultery’ in the legal context


The dictionary meaning of the term adultery reads thus, "adultery is a
voluntary sexual intercourse between a married person and a person who is
not their spouse".

The petitioners wish to address a few problems connected to Section 497 of


IPC as explained hereunder.

One big concern regarding this law is that it does not appear to be gender-
neutral. In case of any act of adultery committed, the law calls for punishing
the man but not the woman involved.

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