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What is the punishment for adultery under Indian law?

10-Nov-2023
Indian

Answer By law4u team

Adultery in India was considered a criminal offense until September 27, 2018, when the Supreme Court of India, in a landmark judgment, decriminalized adultery by striking down Section 497 of the Indian Penal Code (IPC) and Section 198(2) of the Code of Criminal Procedure (CrPC). This decision marked a significant change in India's legal landscape concerning adultery. Prior to this change, Section 497 of the IPC defined adultery and imposed punishment on the male adulterer, while the woman involved in the act was not subject to any legal consequences. The punishment for adultery under Section 497 included: Imprisonment for a term that could extend up to five years. However, it's important to note that Section 497 primarily targeted the male involved in the adulterous relationship, and the law was criticized for being discriminatory and outdated. The Supreme Court's ruling decriminalized adultery and recognized the autonomy and agency of individuals in their personal relationships. Following this judgment, adultery is no longer a criminal offense in India, and individuals involved in adulterous relationships are not subject to legal punishment. It is now considered a civil matter, and any grievances related to adultery are generally dealt with through divorce or family court proceedings.

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