Supreme Court Standing On Section 497 Of Ipc. This Part
1374 WordsMar 8, 20176 Pages
SUPREME COURT STANDING ON SECTION 497 OF IPC
This part of the project mainly focused on three cases which are Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee, Sowmithri Vishnu v Union of India and V. Revathi v Union of India. These cases will discuss about Supreme Court standing on adultery.
Yusuf Abdul Aziz Vs. The State of Bombay and Husseinbhoy Laljee
The first important discussion regarding the constitutional validity of the section was held in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee In this case, Section 497 of the Indian Penal Code was challenged to be ultra vires the Article 14 and 15 of the Constitution of India. The Supreme Court held that Article 14 a general provision…show more content…
The court said the law is that women who are involved in a sexual relationship outside of marriage is not the instigator of the crime, but is a victim and the legislature considered as a crime against the sanctity of the matrimonial home, and generally considered crime it is committed by a man. The process of law and the definition itself speaks of who has the right to prosecute whom.
(3) Section 497 does not take into the cases where the husband has sex with an unmarried woman, which means that husband has a license to have extramarital affairs with single women. The Court held that the law does not give freedom to men to have illicit relations with unmarried women, there is this particular kind of extra marital relation that is considered nowadays which can be commonly seen today. The husband may be booked for civil proceedings by the wife for separation. It is for legislature to draft reform of criminal law in respect to the requirement of modern times and which in turn would not offend article 14 or 15 of the Constitution of India.
V. Revathi Vs. Union of India
In the case of V. Revathi v Union of India, the constitutional validity of S. 198(1) read with S.198(2) of Criminal Procedure Code, 1973 that it just permits the spouse of the adulteress to sue the miscreant however does not allow the wife of the adulterer to do as such. The court said that the law does not permit both of the companions to indict one another under criminal law; a spouse is