Importance Of Critiquing Adultery

2074 Words9 Pages
Critiquing Adultery and Its Aspects The main aim behind the paper is to understand the concept of adultery and the challenges it pertains constitutionally and its present effect on today’s law and society at large. Through this paper a light is also thrown on the understanding of adultery and its components, the various objections raised against it , stance taken by the court and challenging the criminality of adultery. The section 497 of IPC, dealing with the concept of adultery has been a controversial section in India. It’s been subject to various debates and controversies. India had progressed and simultaneously undergone many social changes, but adultery has remained in its primitive form since its codification through second amendment…show more content…
In such case the wife shall not be punishable as an abettor.” While we go along understanding the concept of adultery, first and foremost enquiry should be done on by undertaking the various components of this section. The essential components of this section are that, there must be a sexual intercourse with the consent of the wife ;the person indulging in the sexual intercourse should have the knowledge or could reasonably foresee that the woman is married to another man and the only the husband of the wife can complain of the act if the act had taken place without his consent. The wife in the given case cannot be punished for the…show more content…
First ever discussion regarding the constitutional validity of this section took place in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee. This case was in critique of Section 14 and 15 of the Indian constitution..The Supreme court held , “Article 14 is general provision and should be read keeping in mind the other provisions which sets out exceptions to fundamental rights. Sex is a sound classification and Article 15 (3) provides for the exceptions to the women and children. The petitioners argued that this clause is made only for the beneficial of the women and not for giving license for committing or abetting crime. However, the Court held that they cannot see any restrictions as such; nor they agree that the section tantamount to a licence to commit the offence of which punishment has been prohibited. The Court finally held that Article 14 and 15 when “read together validate the impugned clause in section 497 of the Indian Penal

More about Importance Of Critiquing Adultery

Open Document