Section 497 - Adultery Law in India

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:42 PM IST

Adultery is a crime that is committed against marriage. Adultery is defined as "sexual intercourse" between a man and a married woman who is not his spouse, with the woman's agreement and without her husband's knowledge or approval; it does not equate to rape. Without the consent or collusion of that man, anyone who engages in sexual activity with a person who he knows or has reasonable suspicions is the wife of another man who commits adultery. This type of behaviour does not qualify as rape and is punishable by either type of imprisonment for a maximum of five years, a fine, or both. The wife won't face consequences for aiding and abetting in such a situation.

This Story also Contains

Adultery Meaning
What is Adultery law in India?
The Term of Adultery under the IPC
The Evolution of Adultery Laws in India
Adultery as a Cause of Divorce
Current Status of Adultery law in India
Reasonable Ground For Divorce In Case of Adultery In Marriage
Landmark Rulings on Penalty for Adultery in India
Conclusion

Section 497 - Adultery Law in India

Adultery Meaning

The word "adultery" comes from the Latin word "ADULTERIUM," which refers to extramarital sex and is forbidden by law, society, religion, and morality. Adultery is defined as "an act committed by a married spouse wherein the married spouse commits sexual activity with another person other than his/her spouse."

Adultery is described as a consenting extramarital sexual connection that is morally, socially, and legally unacceptable. It was once illegal as well. The deliberate act of a married person (man or woman) having sex with someone other than their spouse is known as adultery.

What is Adultery law in India?

Section 497 of the Indian Penal Code, in effect prior to 2018, defined adultery as a crime with a maximum five-year jail sentence, a fine, or both.
In a historic decision, the Supreme Court of India invalidated Section 497 in Joseph Shine v. Union of India (2018).
Asserting that equality, non-discrimination, and life and liberty are protected by Articles 14, 15, and 21 of the Indian constitution, the verdict brought attention to discrimination and constitutional infractions.
The Parliamentary Committee on Home Affairs has suggested that under the Bharatiya Nyaya Sanhita (BNS), 2023, adultery be criminalised once again.
It does, however, propose a significant modification: making it gender-neutral and suitable for both men and women.
It claimed that because Section 497 was overturned due to prejudice, this shortcoming would be fixed by making it gender-neutral.

The Term of Adultery under the IPC

The Indian Penal Code, 1860 specifies adultery as a crime under Section 497. This clause addresses the components as well as the penalty for adultery. Adultery was defined in India under Section 497 of the Indian Penal Code (IPC) 1860 as:

Section: 497 - Adultery (under chapter XX Indian penal code 1860)

"Anyone who engages in sexual activity with a person whom he knows or has reasonable suspicions is the spouse of another man, without the consent or cooperation of said man, is guilty of the crime of adultery and faces a term of imprisonment of any kind, up to five years, a fine, or both. The wife will not be punished for aiding and abetting in such a situation.’’

Is Adultery Punishable?

Previously, adultery was punished by up to 5 years in prison, a fine, or both under the Indian Penal Code.
The sentencing regulations only applied to males who had sexual intercourse with women other than their spouses.
Wives or other women who had sexual intercourse or extramarital affairs with men other than their husbands were not penalised.
However, in the current situation, adultery is not regarded as a crime and is not prosecuted as such.

How Can I File a Legal Action for Adultery in India?

Adultery is no longer regarded as a crime, although it is still a valid and primary basis for divorce under Section 13(1) (i) of the Hindu Marriage Act, 1955. In other words, if one party to a marriage commits adultery, the other party may seek divorce since marriage is regarded as a religious connection requiring loyalty between the parties. As a result, if any party violates the sanctity of marriage, the law permits either party to seek divorce because his or her spouse has committed adultery.

The Evolution of Adultery Laws in India

The Indian Penal Code, which was enacted in 1860, is when the adultery laws were first put into effect.
Even though adultery was made illegal by Section 497 of the Indian Penal Code, it wasn't recognised as a reason for divorce until the Hindu Marriage Act of 1955.
Adultery was not a basis for divorce since, before the Hindu Marriage Act of 1955, Hindus had no legal means of obtaining a divorce because, at the time, marriage was regarded as a sacrament. Adultery was not included as a basis for divorce since there was no divorce legislation in place.
However, once the Hindu Marriage Act of 1955 was passed, which allowed a Hindu man to marry just one woman, the situation altered. Adultery was therefore made a legal basis for divorce to protect the institution of marriage and aid in its dissolution. This would deter the man from engaging in extramarital affairs with women other than his spouse.
It is important to remember that, even after adultery was declared a valid reason for divorce, it remained illegal under Indian Penal Code Section 497. This is the reason that many lawyers and advocates for women's rights have occasionally questioned whether or not adultery should be illegal.

Note: In 1951, the first lawsuit challenging the statutes of adultery was Yusuf Aziz v. State of Bombay. It was contested on the grounds that it violated Articles 14 and 15 of the Indian Constitution, which guarantee fundamental rights.

Adultery as a Cause of Divorce

The Supreme Court ruled that adultery can lead to divorce and civil penalties, but not criminal charges.
Section 13(1) of the Hindu Marriage Act, 1955 states that any voluntary sexual intercourse with a non-spouse is grounds for divorce, while Section 10 defines adultery as a legal separation.
Section 22 of the Indian Divorce Act established the rules for judicial separation on the basis of adultery.
The Special Marriage Act of 1954 established that if a person has voluntarily sexual intercourse outside of marriage, it is a legal reason for divorce.

Current Status of Adultery law in India

Under civil laws: Adultery is grounds for divorce, and if the woman is the guilty partner, she may receive reduced or no support from her husband.

Under Hindu law: Adultery is grounds for divorce under Section 13(1) of the Hindu Marriage Act, 1955. This Section defines adultery as consensual sexual intercourse outside of marriage. Previously, the reasons for divorce and judicial separation were distinct, with adultery not being a basis for divorce; however, the Marriage Laws (Amendment) Act of 1976 established adultery as a ground for divorce. Prior to the change, adultery was a reason for judicial separation under Section 10 of the Hindu Marriage Act of 1955.

Under Muslim law: Adultery is dealt with in Muslim law as a concept known as lian. Lian deals with charges of adultery rather than adultery itself. If the husband asserts that his wife committed adultery, he has two alternatives under the Dissolution of Muslim Marriage Act of 1939: he can retract his charges, or if the allegations are proven false in court, the wife can get a lian order.

Under Christian law: Under Christian law, adultery is dealt with in two ways. The aggrieved spouse may seek for judicial separation under Section 22 of the Indian Divorce Act, of 1869. In contrast, under the second way specified under Section 11 of this Act, the wife can appeal to the courts after obtaining an annulment from the church where the marriage was performed and making the adulterer a co-respondent in the lawsuit.

Reasonable Ground For Divorce In Case of Adultery In Marriage

Even while adultery is no longer a crime under Section 497 of the Indian Penal Code, it is still a valid reason for divorce; that is, if one spouse commits adultery, the other spouse may file for divorce on the basis of this alone. Since marriage is a religious commitment that requires both partners to be devoted to one another, if one of them violates the integrity of the relationship, the other party may legally seek for divorce on the grounds that the other party's wife committed adultery.

Under Hindu Personal Law

Among other Vedic literature, the Smritis and Dharmasutras forbid unlawful sexual interactions between a man and a woman and penalize both offenders. In light of this, adultery was recognized as a reason for divorce under the Hindu Marriage Act of 1955.

According to the Hindu Marriage Act, 1955, Section 13(1)(i), if either the husband or the wife had sex with someone other than their spouse after the marriage was solemnized, that person had committed adultery, which is a legitimate reason to file for divorce. Both Hindu men and women are able to file for divorce on the grounds that their spouse has committed adultery. Therefore, engaging in voluntary sexual relations with someone other than one's spouse is a legitimate basis for divorce under the Hindu Marriage Act.

Under Muslim Personal Law

Marriage is typically regarded as a civil transaction in Muslim law. It is said that the legalization of sexual relations between the spouses, the birth of offspring, and the legitimacy of those children are the goals of marriage. When one spouse commits adultery, it is regarded as a duty violation. Furthermore, as stated in Quran Surah Al-Isra Verse 32, adultery is considered a heinous crime under Islamic law. Furthermore, according to the Holy Book, Allah, the Almighty, has prescribed punishment for the aforementioned error in the Quran (4:15–16). As a result, one should not be afraid or hesitant to punish those who commit wrongdoing.

According to Muslim personal law, if the husband accuses the wife of infidelity, she has the right to sue for the dissolution of the marriage and obtain a divorce if the accusations are shown to be untrue. Muslim law states that a marriage is deemed lawful until the judge renders a decision. According to the philosophy of Lian, which stipulates that when a husband accuses a wife of adultery and the accusation is unfounded, the court should decide if the accusations were made unfairly in order to break the marriage.

Under Christian Personal Law

Christianity holds that marriage is a heavenly tie that shouldn't end in divorce or separation. According to the Bible, the Holy Book (Deuteronomy 22:20–24), anyone who engages in illegal sexual activity, including adultery, must face punishment, including the death penalty, regardless of their gender. Because it betrays marital fidelity, adultery is therefore viewed as a serious sin in both the New and Old Testaments.

Landmark Rulings on Penalty for Adultery in India

Joseph Shine v. Union of India 2018

Facts about the Case: In this case, Joseph shine, a non-resident of Kerala, filed a Public Interest Litigation under Section 32 of the Indian Constitution, challenging the legitimacy of the offence of adultery under Section 497 of the Indian Penal Code and Section 198(2) of the Criminal Procedure Code.

Held: The Supreme Court's five-judge panel unanimously threw down Section 497 of the Indian Penal Code and Section 198(2) of the Criminal Procedure Code, citing violations of Articles 14, 15(1), and 21 of the Indian Constitution.

Judgement of the Case: The court ruled that while Article 14 of India's Constitution addresses the right to equality, it violates Sections 497 and 198(2) by penalising only males and not women. Similarly, Article 15(1) prohibits sex discrimination. In this instance, the law considers the husband to be the injured party only if the wife has committed adultery, but not if the husband has committed adultery.

Section 21 of the Indian Constitution also deals with the protection of life and personal liberty, however Section 497 of the Indian Penal Code defines women as the husband's personal property, which violates women's basic dignity.

Smt. Sowmithri Vishnu v. Union of India 1985

Facts about the Case: In this case, the petitioner's spouse accused her of infidelity during their divorce. The petitioner challenged the Section on the grounds that it violates Article 14, i.e., the right to equality, of the Indian Constitution, since it creates an arbitrary distinction between men and women by granting the husband privileges that the wife cannot enjoy.

Held: It was argued that this Section did not enable the woman to prosecute an adulterer, although the husband is allowed to do so, and thus the wife is not permitted to take any action against a spouse who commits adultery. In particular, if the spouse has an adulterous connection with an unmarried woman, he is essentially exempt from penalties and so has a free pass to continue the affair.

Judgement of the Case: However, the Court denied this motion on the grounds that weakening the adultery rules would violate the integrity of marriage. This Section was also challenged on the basis of Article 21, i.e., the right to life, because the wife has a right to reputation, and this Section, by failing to regard the woman as a required party, denies the wife the right to defend her case and hence the right to be heard.

Conclusion

Finally, in the Joseph Shine case, the Supreme Court deemed Section 497, which encompassed adultery, which was formerly a criminal offence, invalid. This leaves a person who is aggrieved by adultery with only civil remedies, such as utilising it as a reason for divorce or judicial separation under family law, as well as a decrease in support to be paid under Section 125 of the CrPC. This view, however, is not universal across the country since the army retains the authority to criminally punish its officers for adultery.

Frequently Asked Questions (FAQs)

1. Is Section 497 repealed in India?

On September 27, 2018, a five-judge bench of the Supreme Court unanimously threw down Section 497 of the Indian Penal Code as a violation of Article 14.

2. What is IPC 497 regarding adultery?

Section 497 of the IPC criminalised adultery by holding a man responsible for sexual contact with another person's wife. Adultery had a maximum jail sentence of five years. Women, including consenting participants, were excluded from prosecution.

3. Is adultery considered a crime in India in 2024?

Despite the panel's shove, adultery and unnatural sex are not crimes under the Bharatiya Nyaya Sanhita Bill. Despite the parliamentary standing committee on home affairs' recommendations, the government has opted to delete Sections 377 and 497 from the Bharatiya Nyaya (Second) Sanhita Bill, 2023.

4. What is the new Law 497?

Section 497 of the Indian Penal Code, which criminalised adultery, was declared unconstitutional by a Constitution Bench of the Supreme Court in Joseph Shine v.

5. What is the most recent judgement on adultery?

On January 31, 2023, a Constitution Bench reaffirmed that a Supreme Court decision in 2018 decriminalising adultery will have no effect on statutory court martial procedures involving armed services members accused with "unbecoming conduct" and acts in breach of "good and discipline."

6. What is the difference between adultery as a criminal offense and as a civil wrong?

As a criminal offense under Section 497, adultery could result in imprisonment and was prosecuted by the state. As a civil wrong, adultery is a ground for divorce and can lead to the dissolution of marriage, but does not involve criminal penalties.

7. How did the existence of Section 497 affect marital relationships?

The existence of Section 497 could create an atmosphere of distrust in marital relationships. It also provided a tool for blackmail or revenge, as the threat of criminal prosecution could be used to control or manipulate spouses.

8. What is the current legal status of adultery in India after the striking down of Section 497?

After the striking down of Section 497, adultery is no longer a criminal offense in India. However, it remains a civil wrong and a ground for divorce under various personal laws.

9. What impact did the striking down of Section 497 have on other laws related to marriage and sexuality?

The decision set a precedent for challenging other laws that discriminate based on gender or interfere with personal choices in relationships. It reinforced the principles of equality and personal autonomy in matters of marriage and sexuality.

10. How did the Supreme Court's decision on Section 497 reflect changing views on marriage?

The decision reflected a shift from viewing marriage as a social institution to recognizing it as a partnership between equals. It acknowledged that personal choices in marriage, including fidelity, should not be subject to state control.

11. What was Section 497 of the Indian Penal Code?

Section 497 of the Indian Penal Code criminalized adultery. It defined adultery as consensual sexual intercourse between a man and a married woman without the consent or connivance of her husband. Only the man could be punished under this law, while the woman was not considered an abettor.

12. What was the "connivance or consent" clause in Section 497?

The "connivance or consent" clause in Section 497 stated that if the husband of the woman consented to or connived in her adultery, it would not be considered an offense. This clause was criticized for treating women as property of their husbands.

13. How did Section 497 relate to the concept of gender equality?

Section 497 was seen as contradictory to gender equality because it treated women as victims rather than willing participants in adultery. It reinforced patriarchal notions by assuming that women had no agency in sexual matters and needed protection from the law.

14. What role did the changing societal norms play in the decision to strike down Section 497?

Changing societal norms, including evolving concepts of marriage, personal autonomy, and gender equality, played a significant role in the decision to strike down Section 497. The court recognized that the law was outdated and did not align with contemporary values and constitutional principles.

15. What was the stance of women's rights organizations on Section 497?

Many women's rights organizations opposed Section 497, arguing that it was patriarchal and treated women as property. However, some groups supported the law, believing it provided protection to women and preserved the sanctity of marriage.

16. When was Section 497 struck down by the Supreme Court of India?

The Supreme Court of India struck down Section 497 on September 27, 2018, in the case of Joseph Shine v. Union of India. The court declared the law unconstitutional and violated the fundamental rights of citizens.

17. Why was Section 497 considered discriminatory against women?

Section 497 was considered discriminatory against women because it treated married women as the property of their husbands. It did not allow women to file complaints against adulterous husbands or the women involved with their husbands. The law also did not consider it an offense if the husband consented to or connived in his wife's adultery.

18. What were the main arguments against Section 497?

The main arguments against Section 497 were that it violated the right to equality under Article 14, the right to non-discrimination under Article 15, and the right to life and personal liberty under Article 21 of the Indian Constitution. It was also argued that the law perpetuated gender stereotypes and treated women as subordinate to men.

19. How did Section 497 differ from adultery laws in other countries?

Unlike many other countries where adultery is a ground for divorce but not a criminal offense, Section 497 made adultery a criminal offense in India. Moreover, it only punished the man involved and exempted the woman from any criminal liability, which was unique compared to most other jurisdictions.

20. How did the Supreme Court's decision to strike down Section 497 impact divorce proceedings?

While the Supreme Court's decision decriminalized adultery, it did not affect civil proceedings. Adultery remains a valid ground for divorce under personal laws in India. The decision only removed the criminal aspect of adultery.

21. What was the historical context of Section 497 in Indian law?

Section 497 was introduced in 1860 as part of the Indian Penal Code drafted by the British. It reflected Victorian morality and the patriarchal norms of 19th-century colonial India, which viewed women as property of their husbands.

22. What was the rationale behind criminalizing adultery in India?

The rationale behind criminalizing adultery was to protect the sanctity of marriage and prevent interference in marital relationships. It was also seen as a way to deter extramarital affairs and maintain social order.

23. How did Section 497 compare to laws on sexual assault and rape?

Unlike laws on sexual assault and rape, which are based on lack of consent and violation of bodily autonomy, Section 497 criminalized consensual sexual relationships. This discrepancy was one of the reasons the law was criticized and eventually struck down.

24. What was the role of the National Commission for Women in the debate over Section 497?

The National Commission for Women had recommended amending Section 497 to make it gender-neutral rather than repealing it entirely. This stance was based on the belief that the law could protect women from exploitation in some cases.

25. How did the Supreme Court address the argument that Section 497 protected the sanctity of marriage?

The Supreme Court held that while the sanctity of marriage is important, it cannot be preserved by criminalizing adultery. The court emphasized that fidelity cannot be enforced through legal means and is a matter of personal choice.

26. What were the potential consequences for men convicted under Section 497?

Men convicted under Section 497 could face imprisonment for up to five years, or a fine, or both. The severity of the punishment was another point of criticism, as it treated consensual relationships as serious crimes.

27. What was the significance of the Supreme Court's observation that Section 497 violated Article 21?

By stating that Section 497 violated Article 21 (right to life and personal liberty), the Supreme Court affirmed that personal choices in matters of sexuality and relationships are protected under the Constitution and cannot be criminalized without proper justification.

28. How does the decriminalization of adultery affect military personnel in India?

While Section 497 has been struck down for civilians, adultery remains a punishable offense under the Army Act, Navy Act, and Air Force Act. Military personnel can still face court-martial for adulterous relationships.

29. What role did public opinion play in the debate over Section 497?

Public opinion on Section 497 was divided, reflecting broader societal debates about morality, individual freedom, and gender roles. The Supreme Court's decision considered these diverse viewpoints but ultimately prioritized constitutional principles over popular sentiment.

30. How did the decision on Section 497 relate to the concept of transformative constitutionalism?

The judgment exemplified transformative constitutionalism by using constitutional principles to challenge and change societal norms. It demonstrated the court's role in interpreting the Constitution to promote social change and protect individual rights.

31. How did Section 497 impact the right to privacy?

Section 497 was seen as an infringement on the right to privacy, which the Supreme Court had recognized as a fundamental right in 2017. The law allowed state interference in private, consensual relationships between adults, which was deemed unconstitutional.

32. How did the Supreme Court's decision on Section 497 relate to LGBTQ+ rights?

While the decision on Section 497 primarily focused on heterosexual relationships, it reinforced the principle of personal autonomy in intimate relationships. This reasoning was consistent with and supportive of LGBTQ+ rights, which were addressed in other landmark judgments around the same time.

33. How did the Supreme Court's decision on Section 497 relate to the concept of constitutional morality?

The decision emphasized constitutional morality over social morality. The court held that laws must adhere to constitutional principles of equality and individual liberty, even if they challenge prevailing social norms.

34. How did the decision on Section 497 relate to India's international commitments on gender equality?

The decision aligned India's stance on adultery with its international commitments, particularly the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which calls for the elimination of laws that discriminate against women.

35. How did the Supreme Court address the issue of gender stereotypes in its judgment on Section 497?

The Supreme Court explicitly rejected gender stereotypes perpetuated by Section 497, such as the notion that women lack sexual agency or that they are the property of their husbands. The judgment emphasized the need to challenge and dismantle such stereotypes in law and society.

36. What was the significance of the Supreme Court's use of the term "manifest arbitrariness" in striking down Section 497?

By describing Section 497 as "manifestly arbitrary," the Supreme Court indicated that the law lacked a rational nexus with its purported objectives and violated the basic tenets of equality and justice. This terminology strengthened the legal basis for striking down the law.

37. How did the decision on Section 497 impact the concept of victimless crimes in Indian law?

The striking down of Section 497 reinforced the principle that consensual acts between adults that do not harm others should not be criminalized. This has implications for other laws that criminalize victimless acts based on moral grounds.

38. What was the relevance of the right to sexual privacy in the context of Section 497?

The Supreme Court recognized sexual privacy as an integral part of the right to privacy. By striking down Section 497, the court affirmed that consensual sexual relationships between adults, even if adulterous, fall within the realm of protected private choices.

39. How did the Supreme Court address the issue of women's agency in its judgment on Section 497?

The court emphasized women's agency and autonomy in sexual matters, rejecting the paternalistic approach of Section 497. It held that treating women as incapable of consent in adulterous relationships was unconstitutional and violated their dignity.

40. What was the significance of the court's observation that Section 497 was based on the doctrine of coverture?

By highlighting that Section 497 was rooted in the doctrine of coverture (which treated married women as property of their husbands), the court underscored the law's outdated and discriminatory foundations, further justifying its repeal.

41. What implications did the striking down of Section 497 have for the concept of marriage as a sacrament in Indian law?

While recognizing the importance of marriage in Indian society, the court's decision implied that the legal system should not enforce the sacramental view of marriage through criminal law. It suggested a more secular, rights-based approach to marital relationships.

42. How did the Supreme Court address the argument that decriminalizing adultery would lead to marital instability?

The court rejected the notion that criminalizing adultery was necessary for marital stability. It argued that stable marriages are built on mutual respect and equality, not on the threat of criminal sanction for infidelity.

43. What was the significance of the court's discussion on the evolution of societal norms in its judgment on Section 497?

By discussing changing societal norms, the court emphasized that laws must evolve to reflect contemporary values and constitutional principles. This approach highlighted the dynamic nature of constitutional interpretation.

44. How did the decision on Section 497 impact the understanding of consent in Indian criminal law?

The decision reinforced the importance of consent in sexual relationships. By decriminalizing consensual adulterous relationships, it emphasized that the absence of consent, not the marital status of the parties, should be the focus of laws regulating sexual conduct.

45. What was the relevance of the concept of "constitutional morality" in the judgment on Section 497?

The court invoked constitutional morality to argue that laws must adhere to constitutional principles even if they contradict prevailing social morality. This concept was crucial in prioritizing individual rights and equality over traditional notions of sexual morality.

46. How did the Supreme Court address the issue of gender-neutral language in laws related to sexual offenses?

While striking down Section 497, the court emphasized the need for gender-neutral language in laws related to sexual offenses. This observation has implications for the reform of other laws that use gender-specific language.

47. What was the significance of the court's discussion on the right to sexual autonomy in the context of Section 497?

The court's emphasis on sexual autonomy as a fundamental right reinforced the idea that adults have the freedom to make choices about their sexual relationships without state interference, as long as these choices are consensual.

48. How did the decision on Section 497 relate to the concept of equality "in law" versus equality "before law"?

The judgment highlighted that Section 497 violated both equality "in law" (by treating men and women differently) and equality "before law" (by denying women equal protection). This distinction was crucial in establishing the law's unconstitutionality.

49. What implications did the striking down of Section 497 have for the concept of collective family rights in Indian law?

The decision prioritized individual rights over collective family rights, suggesting a shift away from viewing the family as a unit with its own legal standing towards recognizing the rights of individual family members.

50. How did the Supreme Court address the argument that Section 497 protected women from exploitation?

The court rejected the paternalistic argument that Section 497 protected women, stating that it actually disempowered women by denying them agency. It emphasized that true protection comes from recognizing women's autonomy and equal status under the law.

51. What was the significance of the court's discussion on the right to dignity in the context of Section 497?

The court emphasized that the right to dignity includes the right to make autonomous choices about one's relationships. By linking dignity to personal choices, the judgment strengthened the constitutional basis for protecting individual autonomy.

52. How did the decision on Section 497 impact the understanding of morality in Indian criminal law?

The judgment emphasized that criminal law should not be used to enforce moral values unless there is harm to others. This principle has broader implications for other laws that criminalize conduct based primarily on moral grounds.

53. What was the relevance of the concept of "manifest arbitrariness" in the court's reasoning on Section 497?

The court used the concept of "manifest arbitrariness" to argue that Section 497 lacked a rational basis and violated the principles of equality and justice. This legal test provided a strong foundation for striking down the law as unconstitutional.

54. How did the Supreme Court address the issue of privacy in marital relationships in its judgment on Section 497?

The court recognized that privacy in marital relationships includes the right to make personal choices without state interference. This interpretation expanded the scope of the right to privacy to include intimate decisions within marriage.

55. What implications did the striking down of Section 497 have for the concept of criminal justice reform in India?

The decision set a precedent for reviewing and reforming other colonial-era laws that may be inconsistent with contemporary constitutional values. It emphasized the need for ongoing evaluation and reform of criminal laws to ensure they align with constitutional principles and evolving societal norms.