Adultery in India: Law Before and After Decriminalization
Adultery has long been a controversial subject in Indian society and law. It involves moral, social, and legal dimensions affecting marriage and family life.
In 2018, the Supreme Court of India decriminalized adultery by striking down Section 497 of the Indian Penal Code. This judgment brought a major shift in criminal and constitutional law.
📚 Introduction
Earlier, adultery was treated as a criminal offence in India. However, changing social values and constitutional principles led to its decriminalization.
Questions on adultery law are frequently asked in judicial service examinations under criminal law, constitutional law, and family law.
This article explains the legal position of adultery before and after decriminalization in a simple and exam-oriented manner.
⚖️ Meaning of Adultery
Adultery refers to voluntary sexual relations between a married person and someone who is not his or her spouse.
It is considered a breach of marital trust and fidelity and may have serious consequences in personal and legal relationships.
📜 Adultery Under Section 497 IPC (Before 2018)
Before 2018, adultery was a criminal offence under Section 497 of the Indian Penal Code.
Key Features of Section 497
- Only a man could be punished for adultery.
- The woman was not treated as an offender.
- Consent of the husband of the woman was relevant.
- The husband alone could file a complaint.
- Punishment was imprisonment up to five years.
This provision treated women as property of their husbands and denied them autonomy.
🏛️ Constitutional Challenge to Section 497
Section 497 was challenged before the Supreme Court on the grounds that it violated fundamental rights.
It was argued that the provision was discriminatory, arbitrary, and against personal liberty.
The law was said to violate Articles 14, 15, and 21 of the Constitution of India.
⚖️ Supreme Court Judgment (2018)
In 2018, the Supreme Court struck down Section 497 IPC and decriminalized adultery.
The Court held that adultery is a private matter between consenting adults and should not be treated as a crime.
Important Observations of the Court
- Women are equal partners in marriage.
- Marriage does not mean loss of individual identity.
- Criminal law should not enter private relationships.
- Section 497 was discriminatory and unconstitutional.
📜 Present Legal Position of Adultery in India
After decriminalization, adultery is no longer a criminal offence in India.
No person can be arrested or punished under criminal law for adultery.
However, adultery continues to have civil and matrimonial consequences.
⚖️ Adultery Under Family Laws
Although adultery is not a crime, it remains an important ground for divorce.
Under Hindu Marriage Act
Adultery is a valid ground for divorce under Section 13.
Under Special Marriage Act
Adultery is a ground for judicial separation and divorce.
Under Other Personal Laws
Similar provisions exist in Muslim and Christian personal laws.
👩⚖️ Impact on Women’s Rights
The decriminalization of adultery has strengthened women’s autonomy and dignity.
Women are no longer treated as victims or property of their husbands.
They are recognized as independent individuals capable of making personal choices.
⚖️ Adultery and Maintenance
Adultery may affect claims for maintenance and alimony in certain cases.
Courts may consider conduct of parties while deciding maintenance matters.
However, adultery alone does not automatically disqualify a spouse from maintenance.
📝 Importance for Judiciary Exams
Questions on adultery are asked in criminal law, constitutional law, and family law.
Aspirants must remember the old law, Supreme Court judgment, and present position.
This topic is also relevant for essay and interview stages.
📌 Conclusion
The decriminalization of adultery marks a significant shift in Indian legal thinking.
It reflects respect for personal liberty, gender equality, and privacy.
While adultery is no longer a crime, it continues to affect matrimonial relations under civil law.
🔗 Further Reading
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❓ Frequently Asked Questions (FAQs)
1️⃣ Is adultery a crime in India today? ⚖️
No, adultery is not a criminal offence after the 2018 Supreme Court judgment.
2️⃣ Which section dealt with adultery earlier? 📜
Section 497 of the IPC dealt with adultery before it was struck down.
3️⃣ Can a person be arrested for adultery? 🚫
No, no person can be arrested for adultery now.
4️⃣ Is adultery a ground for divorce? 🏠
Yes, adultery remains a valid ground for divorce under family laws.
5️⃣ Does adultery affect maintenance? 💼
Courts may consider conduct, but adultery does not automatically bar maintenance.
6️⃣ Why was adultery decriminalized? 📚
It was decriminalized for being discriminatory and violating fundamental rights.