Question

In Joseph Shine v. Union of India, AIR 2018 SC 4898, which of the following provisions of IPC was declared unconstitutional ?

• A. Section 309
• B. Section 377
• C. Section 494
• D. Section 497

Answer 1

The Correct Option is D

In the landmark case of Joseph Shine v. Union of India, AIR 2018 SC 4898, the Supreme Court of India examined the constitutionality of Section 497 of the Indian Penal Code (IPC). Section 497 dealt with the offence of adultery. It was challenged on the grounds that it was discriminatory as it treated the husband as the aggrieved party and placed the wife as a mere object of adultery. Furthermore, it only allowed the husband of an adulterous woman to bring an action against the man involved, while the woman herself, or her husband, could not be prosecuted for adultery.

The Supreme Court ruled that Section 497 was unconstitutional because it violated the principles of gender equality and was arbitrary, thereby infringing upon the right to privacy and dignity guaranteed under Article 21 of the Indian Constitution. As a result, Section 497, IPC, was struck down.

Therefore, in this case, Section 497 of the IPC was declared unconstitutional.