Main Article Content
Abstract
Adultery is a criminal offence. It is crime against marriage. Adultery means wilful sexual intercourse by a man with another spouse without consent of her husband. This paper mainly focuses on the in depth study of the offence of adultery or it’s decriminalise. Apart from this, we enumerate different aspects of adultery and its punishment in different countries. The researcher has also made an attempt to enlighten the readers about the historical background of adultery. Further, Section 497of IPC read with section 198 (2)Crpc has been enumerated and interpreted with the help of recent judgements. Section 497 is even interpreted as a gender biased provision in the Indian Penal Code. This section makes illogical difference between male and female. This paper also talks about the ingredient of adultery and also the procedure of it which is given under section 198(2) of Crpc. And finally it deals with the reason behind the decriminalisation and what issues court considers making this section unconstitutional.