HIGHLIGHTS: Adultery not a criminal offence, says Supreme Court

All the five judges CJI Dipak Misra, Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, unanimously struck down Section 497 IPC.

The Supreme Court on Thursday ruled the adultery law as unconstitutional - the 150-year-old law which gave the husband the right to prosecute his wife's lover.

All the five judges CJI Dipak Misra, Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, unanimously struck down Section 497 IPC.

Section 497 in The Indian Penal Code reads:

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.

"Ancient notions of man being perpetrator and woman being victim no longer holds good," said Justice Rohinton Nariman

CJI Dipak Misra said adultery might not be the cause of an unhappy marriage, it could be the result of an unhappy marriage.

Here are the key highlights:

Click here to read more about the Supreme Court judgement on the adultery law

NCW chief Rekha Sharma welcomes Supreme Court's judgement

I welcome this judgement by Supreme Court. It was an outdated law which should have been removed long back. This is a law from British era. Although the British had done away with it long back, we were still stuck with it: Rekha Sharma, NCW chief on SC decriminalising adultery pic.twitter.com/mzXLl74hvQ

— ANI (@ANI) September 27, 2018

Partners in marriage should have respect for each other's sexual autonomy: Justice Chandrachud @NewIndianXpress

— kanusarda (@sardakanu_TNIE) September 27, 2018

Supreme Court strikes down Section 497 IPC

Unanimous judgment by CJI Dipak Misra, Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra

#Adultery: Adultery could be a moral wrong towards spouse and family but question is whether it should be a criminal offence? Justice Indu Malhotra. #Section497 #supremecourt

— Bar & Bench (@barandbench) September 27, 2018

Justice Chandrachud strikes down Section 497

Section 497 perpetuates subordinate status of women, denies dignity, sexual autonomy, is based on gender stereotypes, Justice DY Chandrachud strikes down Section 497 for violation of Articles 14 (Right to equality) and 21 (Right to life and personal liberty)

#Adultery: Section 497 based on women as chattel, seeks to control sexuality of woman, hits the autonomy and dignity of woman, Justice DY Chandrachud. #Section497 #supremecourt

— Bar & Bench (@barandbench) September 27, 2018

Three of five judges says adultery not a crime but ground for divorce

Nariman concurs with CJI, Justice Khanwilkar and says Section 497 is violative of right to equality and right to equal opportunity to women.

SC strikes down Section 497 of IPC as an offence from the indian penal code as Justice R F Nariman concurs with the other judges. @NewIndianXpress

— kanusarda (@sardakanu_TNIE) September 27, 2018

Ancient notions of man being perpetrator and woman being victim no longer holds good: Rohinton Nariman

#Adultery: Section 497 an archaic law, manifestly arbitrary, Justice Rohinton Nariman. #Section497 #supremecourt

— Bar & Bench (@barandbench) September 27, 2018

Most of the countries have already abolish adultery as a crime, says CJI

Section 497 (Adultery) of the Indian Penal Code (IPC) is unconstitutional: Chief Justice of India, Dipak Misra pic.twitter.com/gRDrl3TpWy

— ANI (@ANI) September 27, 2018

Mere adultery can not be a crime: CJI

Mere adultery can't be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the IPC: CJI Dipak Misra reading verdict on the validity of Section 497 (Adultery) of the Indian Penal Code (IPC) pic.twitter.com/FNFyhQqNto

— ANI (@ANI) September 27, 2018

Adultery might not be the cause of an unhappy marriage, it could be the result of an unhappy marriage: CJI Misra

Adultery can be ground for any civil wrong but adultery should not be a criminal offence, says the CJI Misra

Two judges declare section 497 of IPC arbitrary, which punished a married man only for having consensual sexual relation with a married woman without consent or connivance of her husband @NewIndianXpress

— kanusarda (@sardakanu_TNIE) September 27, 2018

#Adultery: Section 497 violates Article 14, CJI Dipak Misra for himself and Justice AM Khanwilkar. #Section497 #SupremeCourt

— Bar & Bench (@barandbench) September 27, 2018

Adultery: Any discrimination shall invite wrath of Constitution. Legal subordination of one gender to another is wrong and woman can't be asked to think the way society desires @NewIndianXpress

— kanusarda (@sardakanu_TNIE) September 27, 2018

Husband is not the master of the wife, Says CJI Dipak Misra

Equality is the governing principle of a system. Husband is not the master of the wife: Justice Dipak Misra

#Adultery: CJI Dipak Misra authors judgment on behalf of Justice AM Khanwilkar and himself. #Section497 #SupremeCourt

— Bar & Bench (@barandbench) September 27, 2018

Any provision treating woman with inequality is not Constitutional, says CJI Dipak Misra.

Adultery: Bench Assembles, pronouncement of Judgment commences. #Section497 #SupremeCourt pic.twitter.com/qz0Dhh9lIH

— Bar & Bench (@barandbench) September 27, 2018