Abstract : The Indian Penal Code as enacted in the year 1860 contained the infamous Adultery law under section 497. The universal definition of Adultery is the voluntary sexual Intercourse by a married person with a third person, other than his/her spouse. The legal definition of Adultery varies from statute to statute and from country to country. Many religions across the world including Hinduism, Christianity, Islam, and Judaism have condemned Adultery and criminalized it. However, the modern trend has inclined towards decriminalising it. The law relating to Adultery under Indian Penal Code is 158 years old, which was laid down by the British colonial administration. In 2018, Adultery law has been declared as unconstitutional by the Supreme Court of India in Joseph Shine versus Union of India, on the ground that it violated Article 14, 15 and 21 of the Indian Constitution. The Judgement by a five-Judge Constitution bench of Supreme Court, headed by Honourable Chief Justice Dipak Misra has overturned the previous three rulings on the matter. Adultery is no longer a crime under Indian Penal Code. Section 198 of The Criminal Procedure Code 1973, which allowed a husband to bring a prosecution under section 497 of Indian Penal code 1860, was also struck down as unconstitutional. The researcher through this article tries to find the answers of the following major questions:
1. Whether diluting Adultery law will impact the sanctity of marriage?
2. Whether under the former law wife was considered as commodity of the husband?
3. Whether the former law on Adultery was discriminatory and give a license to women to commit Adultery?
There are many more such questions, which remain unanswered.
Cite : K. (2023). A Study on Decriminalization of Adultery Law in India (1st ed., pp. 122-125). Noble Science Press. https://doi.org/10.52458/9789388996570.2023.eb.ch25
