Critically Analyse Provisions of Adultery in Indian Context

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Nitin Krishnakant Jha
Published On: 09/01/2023
Volume: 8
Issue: 6
First Page: 320
Last Page: 329
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/JLSR.2022.8603

Cite this Article

Nitin Krishnakant Jha, Critically Analyse Provisions of Adultery in Indian Context , Volume 8 Issue 6, Journal of Legal Studies & Research, 320-329, Published on 09/01/2023, doi.org/10.55662/JLSR.2022.8603 Available at https://jlsr.thelawbrigade.com/article/critically-analyse-provisions-of-adultery-in-indian-context/

Abstract

Adultery is derived from a French word, about that has evolved from the Latin verb, “adulterium”, means to corrupt[1]. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious and, moral and earlier on the legal grounds as well.

Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual is believed to be followed.

Since the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offence. There were two major contentions for the decriminalization of adultery. They were:-

This section provided husbands with the right to prosecute their wives’ adulterer while wives were deprived to complain against the adulteress of their husbands.

The section was ignorant on the matter of the adulterous act of the husband.

Keywords: Adultery, Section 497 IPC, Joseph Shine v. Union of India, Decriminalized

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