Section 497 IPC: Adultery

Indian Penal Code, 1860

This section has been struck down and is no longer in force

A five-judge bench of the Supreme Court struck down Section 497 in its entirety in Joseph Shine v. Union of India, decided on 27 September 2018, holding it violative of Articles 14, 15(1) and 21 of the Constitution; Section 198(2) of the Code of Criminal Procedure fell with it. Adultery is no longer a criminal offence in India — it remains a ground for divorce, which is a civil matter. The classification below describes the provision as it stood before that judgment and has no operative effect today.

Section 497 IPC at a Glance

Section 497 IPC dealt with adultery. It is no longer in force; see the note above.

Punishment

None operative. As enacted, imprisonment of either description for up to five years. The Supreme Court struck down Section 497 IPC in Joseph Shine v. Union of India on 27 September 2018.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

Section 497 IPC Bare Act Text

497. Adultery

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.

Source: Section 497, Indian Penal Code, 1860

Section 497 IPC in Simple Words

Section 497 of the Indian Penal Code (IPC) provided that a man who had sexual intercourse with a woman whom he knew or had reason to believe to be the wife of another man, without the consent or connivance of that man, committed adultery if the intercourse did not amount to rape. The punishment as enacted was imprisonment of either description for a term which may extend to five years, or fine, or both, and the wife was not punishable as an abettor.

On 27 September 2018, a Constitution Bench of the Supreme Court struck down Section 497 IPC in Joseph Shine v. Union of India as unconstitutional.

The Bharatiya Nyaya Sanhita, 2023 contains no provision penalising adultery.

Ingredients of Section 497 IPC

  • The accused had sexual intercourse with a woman who was the wife of another man
  • The accused knew or had reason to believe that she was the wife of another man
  • The intercourse took place without the consent or connivance of that man
  • The sexual intercourse did not amount to the offence of rape

Punishment Under Section 497 IPC

Imprisonment

None operative. As enacted, imprisonment of either description for up to five years. The Supreme Court struck down Section 497 IPC in Joseph Shine v. Union of India on 27 September 2018.

Fine

As enacted, fine alone or with imprisonment. The section has had no legal force since 2018.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Magistrate of the first class ⓘ

A Constitution Bench of the Supreme Court struck down Section 497 IPC in 2018. As enacted, it carried imprisonment of either description for up to five years, or fine, or both. The First Schedule classified it as non-cognizable and bailable, triable by a Magistrate of the first class.

Example of Section 497 IPC

In 2015 in Chandigarh, Sameer met Nidhi, who lived next door with her husband, Kunal. Knowing that Nidhi was the lawful wife of Kunal, Sameer had consensual sexual intercourse with Nidhi at a hotel while Kunal was away on business, without Kunal's consent or connivance. Because Nidhi freely consented, the sexual intercourse did not amount to the offence of rape. Under the enacted provision, Nidhi could not be punished as an abettor, whereas Sameer committed adultery by having sexual intercourse with another man's wife without her husband's consent or connivance. Sameer is punishable under Section 497 IPC.

When Section 497 IPC Does Not Apply

  • The woman was unmarried, widowed, or divorced, and was not the wife of another man at the time of the act.
  • The man neither knew nor had any reason to believe that the woman was married to another man.
  • The woman's husband gave his consent to, or connived at, the sexual intercourse.
  • The sexual intercourse was non-consensual and amounted to the offence of rape.
  • The prosecution is sought against the married woman as an abettor, or for conduct occurring after Section 497 IPC was declared unconstitutional on 27 September 2018.

Section 497 IPC in the BNS

Repealed - No equivalent in BNS

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.

FAQs on Section 497 IPC

What does Section 497 IPC punish?▼

As enacted, it punished a man who had sexual intercourse with a person who was and whom he knew or had reason to believe to be the wife of another man, without the consent or connivance of that man, not amounting to rape.

What was the punishment under Section 497 IPC as enacted?▼

Imprisonment of either description for a term which may extend to five years, or with fine, or with both, and the wife was not punishable as an abettor.

Under Section 497 IPC, is adultery still a criminal offence in India?▼

No. The Supreme Court in Joseph Shine v. Union of India held Section 497 IPC to be unconstitutional on 27 September 2018, decriminalising adultery in India.

Could a wife be punished under Section 497 IPC?▼

No. The statute expressly provided that in such case the wife shall not be punishable as an abettor.

Was Section 497 IPC bailable and cognizable as enacted?▼

As enacted, the First Schedule to the Code of Criminal Procedure classified it as non-cognizable and bailable, triable by a Magistrate of the first class.

Could an offence under Section 497 IPC be compounded as enacted?▼

Yes. Under Section 320(1) CrPC as enacted, it could be compounded without the permission of the court by the husband of the woman.

Section 497 IPC: does the Bharatiya Nyaya Sanhita have a section for adultery?▼

No. The Bharatiya Nyaya Sanhita, 2023 contains no provision making adultery an offence.

Have questions about Section 497 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·