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.