IPC 497→REPEALED

IPC 497: Adultery (Repealed)

Section 497 of IPC has been repealed and has no equivalent in BNS 2023.

What Happened to IPC 497?

Section 497 IPC has no counterpart in the Bharatiya Nyaya Sanhita, 2023. A Constitution Bench of the Supreme Court struck down Section 497 IPC in Joseph Shine v. Union of India on 27 September 2018, and the Sanhita does not revive adultery as a criminal offence.

IPC 497 Is Repealed

Section 497 (Adultery) of the Indian Penal Code, 1860 has been repealed and has no corresponding section in the Bharatiya Nyaya Sanhita, 2023.

Struck down. Section 497 IPC was declared unconstitutional by the Supreme Court in Joseph Shine v. Union of India on 27 September 2018. The Bharatiya Nyaya Sanhita, 2023 contains no offence of adultery.

What IPC 497 Means for Pending Cases

For Section 497 IPC (now Section REPEALED BNS): for an act done before the Bharatiya Nyaya Sanhita, 2023 came into force, Section 497 IPC had already been struck down by the Supreme Court on 27 September 2018. The Bharatiya Nyaya Sanhita, 2023 contains no provision penalising adultery as a criminal offence.

FAQs: IPC 497

What changed regarding Section 497 IPC under the BNS?▼

The Bharatiya Nyaya Sanhita, 2023 does not contain any offence of adultery. Section 497 IPC had already been struck down by the Supreme Court in 2018.

Why was Section 497 IPC struck down by the Supreme Court?▼

In Joseph Shine v. Union of India on 27 September 2018, a Constitution Bench of the Supreme Court struck down Section 497 IPC as unconstitutional under Articles 14, 15 and 21 of the Constitution.

Which Code governs an act covered by Section 497 IPC and done before 1 July 2024?▼

The IPC. Section 358 BNS repeals the IPC but saves anything done or any liability incurred under it before that date.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·