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

Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Indian Penal Code 1860
Act Number Enactment Date Chapter Number
45 06.10.1860 20
Chapter Title Sub-Chapter Legislated by
Of Offences Relating to Marriage - Parliament of India

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.

STATE AMENDMENT

Andhra Pradesh

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

Offence Description Punishment provided Cognizable/Non-Cognizable
Adultery Imprisonment for 5 years, or fine, or both Non-Cognizable
Bailable/Non-Bailable Trial Court Details Compoundable/Non-Compoundable
Bailable Magistrate of the first class Non-Compoundable
Compoundable by Whom Concerned Ministry Concerned Department
Non-Compoundable Ministry of Home Affairs Department of Internal Security