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SC declares penal provision on adultery unconstitutional

New Delhi:The Supreme Court Thursday declared as unconstitutional the penal provision on adultery.

Chief Justice Dipak Misra and Justices A M Khanwilkar and R F Nariman held that Section 497 of the Indian Penal Code dealing with the offence of adultery is unconstitutional.

“We declare Sec 497 IPC and Sec 198 of CrPC dealing with prosecution of offences against marriage as unconstitutional,” said the CJI and Justice Khanwilkar.

Justice Nariman termed Section 497 as archaic law and concurred with the CJI, Justice Khanwilkar saying that Section 497 is violative of right to equality and right to equal opportunity to women.

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