38.6c New Delhi, India, Thursday, August 28, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Adultery does not qualify as a criminal offence, it is a civil wrong says CJI Dipak Misra.

By LawStreet News Network      09 August, 2018 12:00 AM      0 Comments
Adultery does not qualify as a criminal offence, it is a civil wrong says CJI Dipak Misra.

On August 8th, 2018 the Chief Justice of India Dipak Misra heading a five-judge Constitution Bench has observed that sending a person to prison for five years for adultery does not appeal to common sense.

Adultery does not even qualify as a criminal offence and is, at the most, a civil wrong the remedy of which is divorce.

First, an adulterous relationship is carried on with the consent of the woman. If a third party attacks or molests the wife of another, it amounts to rape. Rape is an offence. But if a relationship is carried with the consent of the woman, how does it amount to an offence? If there is consent, why to punish the wifes lover? asked CJI Misra.

Additional Solicitor-General Pinky Anand appearing for the Centre argued that the offence of adultery should remain in the Indian Penal Code as it ensures the sanctity of the marriage, and is for the public good.

CJI Misra countered the submission and said that protecting marriage is the responsibility of the couple involved. If one of them fails, there is a civil remedy available to the other. Where is the question of public good in a broken marriage?

Adultery is a criminal offence under section 497 of the Indian Penal Code, 1860. The section gives a husband an exclusive right to prosecute his wifes lover whereas, the wife has no right to prosecute the woman with whom her husband has committed adultery.

Moreover, the provision does not confer any right on the wife to prosecute her husband for adultery and it also does not take into account cases in which the husband has sexual relations with an unmarried woman.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

cant-projects-judges-as-political-actors-ex-cjis-former-judges-rebut-statement
Trending Executive
'Can't projects judges as political actors,' ex CJIs, former judges rebut statement by ex judges on statement of Amit Shah [Read Statement]

56 former judges, including ex-CJIs Sathasivam & Gogoi, rebut peers’ statement on Amit Shah, stressing judiciary must stay above politics.

27 August, 2025 06:46 PM

TOP STORIES

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM
sc-women-lawyers-body-condemns-sexist-remarks-by-justice-katju-seeks-apology
Trending Judiciary
SC women lawyers' body condemns 'sexist' remarks by Justice Katju; seeks apology [Read Press Release]

SC Women Lawyers Association condemns Justice Katju’s ‘sexist’ remarks, demands public apology; calls comments an assault on dignity of women lawyers.

22 August, 2025 03:49 PM
sc-orders-status-quo-on-sambhal-mosque
Trending Judiciary
SC orders status quo on Sambhal mosque

SC orders status quo on Sambhal mosque till Aug 25; seeks Hindu petitioners’ reply on plea against survey of Mughal-era masjid under dispute.

22 August, 2025 06:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email