Adultery
Introduction
Adultery refers to a sexual relationship outside marriage. It was earlier treated as a criminal offence under Section 497 of the Indian Penal Code. However, the law has changed, and adultery is no longer a crime in India.
Meaning / Definition
Adultery means voluntary sexual intercourse between a married person and someone who is not their spouse.
Under the earlier law (Section 497 IPC):
- A man committing sexual intercourse with a married woman without her husband’s consent was punishable
- The woman was not punishable
- Consent of the husband played a key role
Now, after the Supreme Court judgment, adultery is not a criminal offence. It is only a civil wrong (a wrong that can lead to divorce or legal remedies in family law).
Modes or Types
Adultery under Old Law (Section 497 IPC)
The following conditions were required:
- Sexual intercourse with a married woman
- The man knew or had reason to believe she was married
- The act was with her consent (not rape)
- The husband did not consent or allow (connivance means agreement or approval)
Only the man could be punished. The woman was not treated as an offender.
Present Legal Position
- Adultery is no longer a crime
- Section 497 IPC has been struck down
- It is only a ground for divorce under family law
Who Could File Complaint (Earlier Law)
- Only the husband of the woman could file a complaint
- The wife had no right to complain against her husband
This position has now been rejected as unconstitutional.
Important Case Law
Joseph Shine v. Union of India (2018)
The Supreme Court struck down Section 497 IPC and Section 198(2) CrPC.
Key observations:
- The law treated women as property of the husband
- It violated equality (Article 14)
- It discriminated on the basis of sex (Article 15)
- It affected dignity and personal liberty (Article 21)
- It denied sexual autonomy (freedom to make personal choices)
The Court held that:
- Adultery is not a crime
- It should remain a ground for divorce
- Criminal law should not enter into private relationships
Distinction / Comparison
| Basis | Earlier Law (Before 2018) | Present Law |
|---|---|---|
| Nature | Criminal offence | Not a crime |
| Who is punished | Only man | No criminal liability |
| Role of woman | Not punishable | Equal autonomy |
| Consent | Husband’s consent mattered | Not relevant |
| Legal remedy | Criminal prosecution | Divorce and civil remedies |
Practical Example
If a married woman and another man have a consensual relationship:
- Earlier: The man could be punished for adultery
- Now: No criminal offence is committed
- However: The spouse can seek divorce on this ground
Summary
- Adultery means sexual relationship outside marriage
- Earlier, it was punishable under Section 497 IPC
- Only the man was punished; woman was not treated as offender
- Supreme Court in Joseph Shine (2018) struck down the law
- Adultery is now not a crime but a ground for divorce
- Law now recognises equality, dignity, and personal choice