Why did the Supreme Court strike down the adultery offence?
Joseph Shine v. Union of India · Supreme Court of India · 2018-09-27 · 2018 INSC 898; (2019) 3 SCC 39
The Question
Whether the former Indian Penal Code adultery provision and its linked criminal-procedure rule violated constitutional dignity, equality, autonomy and privacy.
What Happened
A constitutional challenge was brought against Section 497 of the former Indian Penal Code and the linked CrPC provision. A five-judge bench examined the gendered structure and constitutional effect of the offence.
What the Court Said
The Court struck down the provisions as unconstitutional. The judgments emphasised dignity, equality, sexual autonomy, privacy and the problem of treating one spouse as another's property.
Why It Matters
The case helps explain that marriage does not erase individual dignity or privacy. It also shows why old criminal-law references must be crosswalked to the current codes before being relied on.
What This Does Not Mean
It does not say infidelity has no emotional, civil or matrimonial consequences. It does not decide every divorce or maintenance claim. It does not mean the former IPC and CrPC remain current law; the 2023 codes now require careful crosswalk.
Who May Find This Relevant
People trying to understand privacy and autonomy within marriage, and readers who encounter older articles referring to adultery as a criminal offence.
Older law, mapped to today
- Code of Criminal Procedure, 1973 — Section 125 → Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144Use the current BNSS reference for new guidance while preserving historical context in older judgments.
- Indian Penal Code, 1860 — Section 498-A → Bharatiya Nyaya Sanhita, 2023 — Sections 85 and 86Older judgments refer to the IPC. Current guidance must identify the BNS provision without pretending the judgment was decided under the BNS.
- Indian Evidence Act, 1872 — Section 65-B → Bharatiya Sakshya Adhiniyam, 2023 — Section 63Electronic-record certification language must be checked against the current BSA framework.
Original Source
Official Supreme Court judgment PDF.
Read the official judgmentRelated Clarity
Need Personal Advice?
For a current dispute, ask a lawyer how the present matrimonial, criminal and evidence codes apply to your facts.
Talk to a professionalRelaSense Legal Clarity provides reviewed general information for India, not legal advice for your specific situation. For decisions affecting safety, money, housing, children or legal rights, consult a qualified advocate.