Supreme Court reaffirms adultery no longer a criminal offence

New Delhi: The Supreme Court has quashed criminal proceedings against a man accused of adultery, reiterating its 2019 judgment that declared Section 497 of the Indian Penal Code (IPC) unconstitutional.

The decision highlights the judicial shift towards treating adultery as a civil matter rather than a criminal offence.

A bench comprising Justices C.T. Ravikumar and Sanjay Karol overruled an Allahabad High Court decision that had declined to quash criminal proceedings against Krishna Chandra in an adultery case.

The apex court emphasised that no legal basis exists for prosecuting cases under Section 497 IPC, as the provision was rendered void by the landmark Joseph Shine v. Union of India verdict.

The High Court had previously dismissed Chandra’s plea to quash the proceedings, summoning order, and a non-bailable warrant issued against him by the Chief Judicial Magistrate in Budaun, Uttar Pradesh.

However, the Supreme Court noted that the accusations solely concerned adultery under Section 497 IPC, a provision already deemed unconstitutional.

Referring to the State of Haryana v. Bhajan Lal (1992), the bench reiterated that courts could exercise inherent powers under Section 482 of the Criminal Procedure Code to quash proceedings when allegations do not constitute a legal offence.

“When the Supreme Court has unequivocally declared Section 497 unconstitutional, there is no basis for these proceedings to continue,” the bench stated.

The court said adultery, while still recognised as a valid ground for divorce under civil law, is no longer a criminal offence.

By declaring Section 497 IPC unconstitutional in the Joseph Shine case, the court affirmed that criminalising adultery violated the principles of gender equality, individual autonomy, and personal liberty enshrined in the Constitution.

“Adultery is a moral wrong and not a crime,” the court had observed in 2019, emphasising that such matters belong to the personal domain of marriage rather than the realm of criminal law.

With this judgment, delivered last week, the Supreme Court not only quashed the High Court’s order but also invalidated the criminal proceedings, summoning order, and warrant against Chandra.