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Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).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

Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.

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