BBanaka

IPC Section 497: Adultery [Declared unconstitutional by Supreme Court of India]

Indian Penal Code, 1860 · Chapter 20: Offences Relating to Marriage

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

The law was made defunct on 27 September 2018 by Supreme Court of India as it called the law unconstitutional because it "treats a husband as the master.

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 5 years, or fine, or both-Non-cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.

STATE AMENDMENT

Andhra Pradesh

Punishment-Imprisonment for 5 years, or fine, or both-Cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.

[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

Study: explanations and related material

Not carried over into BNS. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p6

Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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