Joseph Shine v Union of India (2018)
Facts.
A PIL challenged the constitutionality of s.497 IPC (adultery), which punished only the man and treated the wife as her husband’s property.
Issue.
Is criminalising adultery constitutional?
Held.
No. s.497 violated Articles 14, 15 and 21 and was struck down. Adultery may be a ground for divorce but cannot be a crime. The BNS did not re-enact it.
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